DONCASTER METROPOLITAN BOROUGH COUNCIL

PLANNING COMMITTEE - 8th March 2016

Application 4

Application Number:

15/00596/FUL Application Expiry Date:

14th May 2015

Application Type:

Full Application

Proposal Description:

Erection of 2 detached houses and garage extension to No 37

At: Land To Rear Of 37 High Street Hatfield Doncaster DN7 6RS

For: Miss Patricia Mannion

Third Party Reps: 10 Parish: Hatfield Parish Council

Ward: Hatfield

Author of Report Elizabeth Maw

MAIN RECOMMENDATION: GRANT

1.0 Reason for Report

1.1 The application is being presented to committee due to the significant public interest shown in the application.

2.0 Proposal and Background

2.1 The proposal is a backland development of two houses in the rear garden of 37 High Street, Hatfield. A domestic garage to the side of No37 is also being applied for.

2.2 The proposal site is a long thin plot to the rear of 37 High Street. It is used as garden and planted with numerous trees. On the east side of the plot is a track giving access to land at the rear. The proposal involves the redevelopment of the plot with two detached houses, a driveway, the removal of numerous trees and a new garage for the existing house.

2.3 The site is within a Residential Policy Area and Doncaster Hatfield Conservation Area.

2.4 Significant public interest has been shown in the application. 10 people have written to the department; 6 in support, 4 in opposition. Hatfield Town Council and Doncaster Civic Trust also object.

3.0 Relevant Planning History

3.1 In 1979 an outline application was refused for one detached house because it was considered to be an unsatisfactory form of tandem type development and an encroachment into an area of open land beyond the recognised limits of the village of Hatfield. (Reference 79/2135/P).

4.0 Representations

4.1 The application has been publicised by sending letters to adjoining neighbours, site notice and press advert. 10 people have shown interest in the application plus an objection from the Doncaster Civic Trust.

4.2 Six people are in support of the scheme. Three are Hatfield residents. Three are not local but have ties to the area. The letters of support make the following points:

The development is attractive and would integrate well. New family dwellings will be created. Additional dwellings support the local economy. The development is sustainable being close to shops and services and a good local

highway network. Other recent developments have enhanced the area. They expect this development to

do the same. One letter advises the development would redevelop Brownfield land but this

development is on undeveloped garden, which is classed as Greenfield land.

4.3 Four residents from Hatfield including nearby properties, have objected on the following grounds:

The proposal is an overdevelopment - the dwellings are too large for the plot and have limited garden space.

Loss of privacy to No35 and 33, which are the properties to the west of the plot. The new houses would dominate the existing house. Damage to trees and resulting loss of wildlife. Access issues. Neighbours discuss delays with exiting their drives because the road is

busy and congested. The proposal does not comply with the Backland and Infill Supplementary Planning

Document. The site may be contaminated due to storing heavy plant and machinery in the past.

This issue has not been addressed. The sites designation in the conservation area is important and should be considered.

4.4 The Doncaster Civic Trust have objected on the grounds that it is an overdevelopment, in particular Plot 2, which is too small for the plot and has inadequate planting, parking and garden. They also consider the loss of trees to be detrimental to the conservation area.

5.0 Parish Council

5.1 Hatfield Town Council object to the development. The grounds for objection are the buildings are not in keeping with the surroundings, access and egress is difficult on to a busy road and a large number of trees would be removed.

6.0 Relevant Consultations

6.1 Design and Conservation Officer: He has been involved from the outset and has provided detailed comments and guidance throughout the processing of the application. He initially objected to two properties but the application has been amended several times since his initial objection. Plot 1 has significantly changed throughout the process as this is plot which has the biggest visual impact to the conservation area. The first application had plot one turned 90degrees with its rear elevation facing into the garden of No35. Plot 1 has been turned around to face the road, it has been reduced in height, attic accommodation omitted, made narrower, improved detailing and the garage made integral. The reduction in the bulk of the property, altered layout and alterations to the design has significantly improved the scheme. The new layout now also means Plot 2 is mostly hidden and therefore has limited visual impact to the conservation area. Other changes include removal of detached garages and additional tree planting. The Design and Conservation Officer considers the amendments to be acceptable and has withdrawn his objection.

6.2 DMBC Tree Officer: All of the trees within the site are lost to this proposal. However, the tree officer concluded that the trees on the site are not of sufficient merit to warrant retention and therefore did not raise any objections. He also made comments regarding the loss of greenery and the visual impact this would have on the conservation area but he suggested the conservation officer is more suited to consider this planning matter.

6.3 Highways Development Management: No objections.

6.4 DMBC Drainage: No objections, subject to conditions.

6.5 Yorkshire Water: No comments.

6.6 DMBC Pollution Control: According to their records there is no indication of any previous potentially contaminative use at the site but as the application is for a sensitive end use, an appropriate contaminated land risk assessment should be carried out. This would be a condition of any planning approval.

7.0 Relevant Policy and Strategic Context

National Planning Policy Framework

Section 6: Delivering a wide choice of high quality homesSection 7: Requiring good designSection 11: Conserving and enhancing the natural environment Section 12: Conserving and enhancing the historic environment

Doncaster Core Strategy

CS2: Growth and Regeneration StrategyCS14: Design and Sustainable ConstructionCS15: Valuing our Historic EnvironmentCS16: Valuing our Natural Environment

Doncaster UDP 1998 (saved policies)

PH11: Residential Policy AreasENV25: Conservation AreasENV59: Protection of Trees

Other

Residential Backland and Infill Development Supplementary Planning Document

8.0 Planning Issues and Discussion

Principle

8.1 In principle, there are no issues with a residential development. The Doncaster Unitary Development Plan (1998) has designated the site as a Residential Policy Area so new residential developments are permitted 'in principle'. The site is also within an established residential area and supported under Core Strategy Policy CS2.

8.2 Paragraph 53 of the NPPF recognises the potential harm when building on residential gardens. The Local Planning Authority stance is to allow the development on residential gardens 'in principle' subject to the development being in character with the surrounding area and causes no significant detrimental effect to residential amenity.

Impact to Residential Amenity

8.3 Alongside the west boundary are residential properties. To the south east is a house fronting onto High Street. Nos. 33 and 35 stand to the west of the site and the occupiers of these properties have objected on residential amenity grounds. We have not received an objection from the property to the south east.

8.4 Alongside the west boundary of the site is a garden belonging to No35. The boundary between the two properties is a low wall and lined with trees. The occupiers of No35 have

a quiet garden with plenty of privacy. The two proposed houses do not directly overlook this garden but it is acknowledged that the neighbours may feel more encroached upon as a result of two dwellings being alongside their garden.

8.5 To the south east is a house near to the road, numbered 41. Further along the boundary, it is a commercial use. Recommended separation distances have been achieved between the new properties and No41 and no objections have been received from this neighbour either.

8.6 To summarise, the only property to be directly affected by the development is No35, which is on the western boundary. It is acknowledged the privacy in their garden will be reduced and they may feel encroached upon. But the test of local policy PH11 is whether the impact is 'significant’. In this case, officers do not consider the impact to be significant.

Character/ Design/ Conservation

8.7 The site is located within, the Hatfield Conservation Area. The character of the conservation area is that of an extended linear village arising from long thin historic 'burgage plots' either side of the High Street. This site is therefore part of the historic village layout. The description of the character of this conservation area on our website includes the following;

'The village to the north is a classic example of a medieval street village with a high street off which there are long thin plots which would have been connected at the rear by 'back' lanes. This layout is of particular historical interest.'

8.8 This long thin plot is of significance to the conservation area but developments in these gardens are not unusual. Older buildings in the burgage plots have a linear, subservient nature. Newer buildings have taken the form of cul-de-sac arrangement (Ivy Close) or modern style houses in a backland setting (No59).

8.9 Since buildings in the rear gardens are common in the conservation area, a development in this site conforms to the conservation area character and has been accepted by the Design and Conservation Officer 'in principle'.

8.10 Relevant planning policy includes conservation policies CS15 and ENV25 as well as the National Planning Policy Framework. General design and housing policies CS14 and PH11 are also relevant. These policies advise new developments need to respect and preserve the conservation area. Development will not be permitted if it would detract from the character of the conservation area by virtue of its nature, height, density, form, scale materials or design or removal of trees. Additionally, the Local Planning Authority has a Supplementary Planning Document (SPD) specifically for backland and infill developments. The aim of the SPD is to provide detailed design guidance for backland plots to ensure they do not harm the character of an area.

8.11 The development is intensive and the dwellings are not subservient to the host dwelling. These factors have impacted on plot sizes, the conservation area and pressure to remove trees. A reduction of the scheme to one dwelling would improve garden sizes, retain additional greenery and on the whole improve the scheme. Despite acknowledging officers concerns, the applicant understandably wants to maximise the opportunity of the plot and has asked officers to consider the merits of two properties and present it to planning committee.

8.12 Whilst this is an intensive development, in the officer and conservation officer's view a development of two houses would not detract from the historic character of the Hatfield Conservation Area for the following reasons:

a) The properties are placed in a tandem position, which reduces their visual impact. This positioning will mean most of the massing of the two houses is not directly seen from the street scene. Plot 2 will also be mostly hidden by Plot 1.

b) The applicant has proposed a garage extension to the side of the host property, reducing the gap alongside the main road and therefore minimising views into the site.

c) The properties, in particular Plot 1 have been designed to complement the historic properties of the conservation area.

d) Due to land levels, the ridge heights would be no higher than the front property.

8.13 With regards to garden sizes, an objector has advised the development does not meet the Backland SPD. The objector is correct because the SPD states gardens should equal the footprint of the house. Plot 2 does not meet this design criterion. However, the SPD also states that the purpose of a decent sized garden is to provide a recreational space that is sunlit, private and not excessively overshadowed. Plot 2 has good circulation space and substantial private outdoor areas due to its secluded position. Therefore, a small garden is not an issue.

Loss of Trees

8.14 The site has a number of trees, which contribute to the green backdrop of the conservation area. The proposal is to remove all trees from the site, resulting in a negative effect to the conservation area. A useful test that is helpful with this planning consideration is; if there was no development proposed and a notification was submitted for the removal of the trees, the LPA would have to allow the removal of those trees or serve a Tree Preservation Order. These internal trees are not of enough quality to merit the serving of a protection order.

8.15 The representations made in objection to this application are understandable in that the cumulative loss of greenery is exacerbated by the lack of space for strategic replacement planting which is to the detriment of the Conservation Area in this instance (rather than the loss of good quality trees).

8.16 The cumulative loss of the garden greenery is regretted but it is not considered to warrant a refusal because the council cannot place a protection order on garden character. Furthermore, the development will retain a green backdrop formed by trees on neighbouring land.

8.17 Members should note the trees shown on the site plan on the west boundary are in the neighbouring garden and will remain along with the two large sycamores on land to the north of the site.

Highway, Parking and Traffic Considerations

8.18 High Street is a busy main road and the application has generated objections on highway safety and congestion grounds.

8.19 The traffic from two additional properties is minor and would not materially change congestion or traffic levels. Highways Development Management has checked the safety of the access and raises no objections.

9.0 Summary and Conclusion

9.1 For the reasons outlined above, it is concluded that the scheme preserves the character of the Hatfield Conservation Area, the trees to be lost are of minimal value and the impact to residential amenity is not significant. The proposal therefore meets the relevant planning policies.

RECOMMENDATION

GRANT Full Planning Permission subject to the following conditions:

01. STAT1 The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. REASONCondition required to be imposed by Section 91(as amended) of the Town and Country Planning Act 1990.

02. HIGH11 The development hereby approved shall not be brought into use until a crossing over the footpath/verge has been constructed in accordance with a scheme previously approved in writing by the local planning authority.REASONTo avoid damage to the verge.

03. HIGH1 Before the development is brought into use, that part of the site to be used by vehicles shall be surfaced, drained and where necessary marked out in a manner to be approved in writing by the local planning authority.REASONTo ensure adequate provision for the disposal of surface water and ensure that the use of the land will not give rise to mud hazards at entrance/exit points in the interests of public safety.

04. U45718 The development hereby granted shall not be begun until details of the foul, surface water and land drainage systems and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development. REASON

To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin.

05. U45719 Prior to the commencement of the development hereby granted an Arboricultural Method Statement to ensure for the protection of the retained Sycamore trees (T22 and T23) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, no development or other operations shall take place except in complete accordance with the approved Method Statement. The Method Statement shall include full details of the following:_ a scheme of tree protection in accordance with section 6 of British Standard 5837: 2012 Trees in Relation to Design, Demolition and Construction - Recommendations;_ a schedule of tree pruning works in accordance with industry best practice (British Standards Institute 3998: 2010 Tree work: Recommendations) REASON To protect the roots and rooting environments of the Sycamore trees (T22 and T23) and to ensure that the trees overhanging the west boundary of the site are professionally attended to. These requirements are in the interests of amenity and in the interests of environmental quality and compliance with core strategy policy CS16: Valuing our Natural Environment.

06. U45720 Before the development commences a detailed soft landscape scheme shall be submitted to and approved in writing by the local planning authority. The soft landscape scheme should provide details of species, nursery stock specification for all plant material in compliance with the Horticultural Trades Association National Plant Specification and siting. Thereafter the scheme shall be implemented and maintained in accordance with the approved scheme. Any tree or shrub planted as part of the scheme which is removed or severely damaged or is found to be dying or seriously diseased within five years of planting shall be replaced within the next available planting season with a tree or shrub as specified in the approved scheme. REASONTo ensure that a landscape/planting scheme is submitted and implemented in the interests of amenity and the enhancement of the conservation area and in compliance with core strategy policy CS16: valuing our landscape.

07. U45721 Unless otherwise controlled by condition, the development hereby permitted shall be carried out in complete accordance with the details shown on the amended plans referenced and dated as follows:Site Plan Revision E stamped AMENDED PLANS 10.02.2016 Plot 2 Elevations Revision A, stamped AMENDED PLANS 15.12.2015Plot 2 Floor plans Revision A stamped AMENDED PLANS 15.12.2015Plot 1 Floor plans and elevations, stamped AMENDED PLANS 17.12.2015REASONTo ensure that the development is carried out in accordance with the application as approved.

08. CON1 No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial

strategy, together with a timetable of works, being accepted and approved by the Local Planning Authority (LPA), unless otherwise approved in writing with the LPA.

a) The Phase I desktop study, site walkover and initial assessment must be submitted to the LPA for approval. Potential risks to human health, property (existing or proposed) including buildings, livestock, pets, crops, woodland, service lines and pipes, adjoining ground, groundwater, surface water, ecological systems, archaeological sites and ancient monuments must be considered. The Phase 1 shall include a full site history, details of a site walkover and initial risk assessment. The Phase 1 shall propose further Phase 2 site investigation and risk assessment works, if appropriate, based on the relevant information discovered during the initial Phase 1 assessment.

b) The Phase 2 site investigation and risk assessment, if appropriate, must be approved by the LPA prior to investigations commencing on site. The Phase 2 investigation shall include relevant soil, soil gas, surface and groundwater sampling and shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a quality assured sampling and analysis methodology and current best practice. All the investigative works and sampling on site, together with the results of analysis, and risk assessment to any receptors shall be submitted to the LPA for approval.

c) If as a consequence of the Phase 2 Site investigation a Phase 3 remediation report is required, then this shall be approved by the LPA prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation.

d) The approved Phase 3 remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The LPA must be given two weeks written notification of commencement of the remediation scheme works. If during the works, contamination is encountered which has not previously been identified, then all associated works shall cease until the additional contamination is fully assessed and an appropriate remediation scheme approved by the LPA.

e) Upon completion of the Phase 3 works, a Phase 4 verification report shall be submitted to and approved by the LPA. The verification report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the verification report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be

brought into use until such time as all verification data has been approved by the LPA.REASONTo secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to guidance set out in the National Planning Policy Framework. This is required prior to commencement to ensure that the necessary mitigation measures can be put in place should any contamination be found.

09. CON2 Should any unexpected significant contamination be encountered during development, all associated works shall cease and the Local Planning Authority (LPA) be notified in writing immediately. A Phase 3 remediation and Phase 4 verification report shall be submitted to the LPA for approval. The associated works shall not re-commence until the reports have been approved by the LPA. REASONTo secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to guidance set out in the National Planning Policy Framework.

10. CON3 Any soil or soil forming materials brought to site for use in garden areas, soft landscaping, filing and level raising shall be tested for contamination and suitability for use on site. Proposals for contamination testing including testing schedules, sampling frequencies and allowable contaminant concentrations (as determined by appropriate risk assessment) and source material information shall be submitted to and be approved in writing by the LPA prior to any soil or soil forming materials being brought onto site. The approved contamination testing shall then be carried out and verification evidence submitted to and approved in writing by the LPA prior to any soil and soil forming material being brought on to site. REASONTo secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to guidance set out in the National Planning Policy Framework.

11. U45730 Prior to the commencement of the relevant site works details or samples of the materials to be used for the external surfaces of the new buildings (i.e. roof materials, walling materials, and any window or gable details) shall be submitted to and approved in writing by the local planning authority.REASONTo preserve and enhance the character and appearance of the Conservation Area in accordance with saved policy ENV25 of the Doncaster Unitary Development Plan.

12. U45731 Prior to the commencement of the relevant site works details of any verge and gable treatment for the approved buildings shall be submitted to and approved in writing by the local planning authority. REASONTo preserve and enhance the character and appearance of the Conservation Area in accordance with saved policy ENV25 of the Doncaster Unitary Development Plan.

13. U45732 Before the commencement of the relevant site works full details of the design, construction, materials and finish of all windows and doors in the new development shall be submitted to and approved in writing by the local planning authority. Unless otherwise agreed in writing, the details shall include an elevation at 1:20 scale of each door or window type and 1:5 scale cross-sections. Development shall be carried out in accordance with the approved details. REASONTo preserve and enhance the character and appearance of the Conservation Area in accordance with saved policy ENV25 of the Doncaster Unitary Development Plan.

14. U45733 The roof lights hereby permitted shall be low profile conservation roof lights with a central vertical glazing bar. Full details of the size, location, and design of the roof lights to be used in the construction of the buildings shall be submitted to and approved in writing by the local planning authority prior to the commencement of the relevant site works. REASONTo preserve and enhance the character and appearance of the Conservation Area in accordance with saved policy ENV25 of the Doncaster Unitary Development Plan.

15. U45734 Unless otherwise agreed in writing by the local planning authority any garage doors to be to be used in the development shall be of a vertically boarded appearance.REASONTo preserve and enhance the character and appearance of the Conservation Area in accordance with saved policy ENV25 of the Doncaster Unitary Development Plan.

16. U45735 Unless otherwise agreed in writing by the local planning authority rainwater goods and pipework to be used in the construction of the buildings shall be round/half round black.REASONTo preserve and enhance the character and appearance of the Conservation Area in accordance with saved policy ENV25 of the Doncaster Unitary Development Plan.

17. U45736 The relevant site works shall only commence after details of the design of the walls, copings, piers, and any gates comprising the new site and property boundary treatment have been submitted to and approved in writing by the local planning authority. REASON To preserve and enhance the character and appearance of the Conservation Area in accordance with saved policy ENV25 of the Doncaster Unitary Development Plan.

18. U45737 The relevant site works shall only commence after, details or samples of the materials to be used for the access drive and hard standings have been submitted to and approved in writing by the local planning authority. The soft landscaping shall be planted in accordance with the agreed scheme and timetable. REASON

To preserve and enhance the character and appearance of the Conservation Area in accordance with saved policy ENV25 of the Doncaster Unitary Development Plan.

19. U45738 Development shall not commence until details of finished floor levels have been submitted to and agreed in writing by the Local Planning Authority. Development shall be carried out in accordance with the agreed floor levels.REASONTo ensure the ridge heights of the new properties do not exceed the height of the host dwelling, in the interests of good design.

The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.

Appendix 1 Proposed site plan

Appendix 2: Plot 1 Elevations and Floor Plans

Appendix 3: Plot 2 Elevations and Floor Plans

Appendix 4 Street scene view