Planning issues
RELEVANT PLANNING HISTORY: There have been no previous planning applications made on this specific site but the petrol filling station has been the subject of a number of applications, the most relevant of which are as follows:
6580/6 - Extension of garage to incorporate 241 Englishcombe Lane, with the provision of an enlarged forecourt, two additional pump islands, an automatic car wash and an extended canopy. Approved 1.12.70. subject to the following conditions:
(1) no panel beating or cellulose spraying being carried on on any part of the premises; (2) no vehicles being stored, or displayed for sale, on the forecourt or other open parts of the site; (3) the land edged blue on the deposited plan not being used for any purposes associated with the petrol filling station and garage and being permanently maintained as a garden in a good and tidy condition at all times; and (4) no sale of petrol, repairs or other work being undertaken between the hours of 11pm and 7 am on any day.
6580/7 - Erection of a bungalow and garage at the rear of Hill Rise Garage. Refused 5.3.74 on that grounds that (a) the site by reason of its size, and situation, is unsuitable for the erection of a dwelling with adequate space about the building; and (b) the site should only be developed in conjunction with the adjoining open land to the north-east.
6580/8 - Erection of a dwelling (between the petrol filling station and church). Approved 4.12.79.
6580/16 - Erection of a screen wall around existing car wash after removal of existing fence. Approved 20.2.86.
6580/21 - Provision of Jet Wash machine, concrete pad, screen fence. Refused 28.10.92. Appeal dismissed 3.8.93.
6580/22 - Retention of Jet Wash machine, concrete pad, screen fence. Refused 2.8.95. Appeal allowed 25.6.96 subject to the following conditions (the first four of which were clearly intended to reduce the impact of the installation upon existing residents):-
1. The jet wash machine shall not be operated outside 0800-2000 hours on Mondays to Saturdays and 1200-2000 hours on Sundays and Bank Holidays, and the machine shall be rendered inoperable outside those hours;
2. The sound absorbing panels consisting of perforated profiled sheet metal with an internal layer of melinex faced mineral fibre, fitted to the steel fence behind the jet wash machine, shall be retained;
3. The 2.5m high timber fence between the workshop and the lock-up garage block adjacent to the jet wash machine shall be retained;
4. Within 3 months of the date of this decision letter, signs requesting motorists to respect the amenities of residents and not to play car radios shall be erected on the site in accordance with a scheme to be submitted to and approved by the local planning authority, and shall thereafter be retained;
5. Effluent from the jet wash machine shall be discharged into a foul sewer and shall not be discharged into a surface water sewer.
RELEVANT POLICIES: This site is not within the Conservation Area but is within the World Heritage Site. The following policies are considered relevant to the consideration of this application:-
Joint Replacement Structure Plan (JRSP) - adopted September 2002.
Policy 33 - this policy seeks to ensure that priority will be given to the re-use of previously developed land and buildings.
Policy 34 - this policy re-iterates the priority that should be given to the development of previously developed land and buildings.
Policy 35 - this policy seeks to achieve a wide range of house types at a minimum density subject to site characteristics and range of house types.
Bath Local Plan adopted June 1997:-
H13 - Encourages residential development.
H15 - Safeguards residential amenity
T12, T25 Relates to highway safety
L13, L14, L15 - Safeguards ecology
L4, L5 - Safeguards trees
L20 - Safeguards the landscape
The Bath and North East Somerset Local Plan, Revised Deposit Draft 2003 was approved by Council on 17 July 2003 for publication in September for further consultation. The following policies of this Plan are considered relevant to this planning application, and members will be advised regarding the weight to be attached to these policies:-
Policy 1 - overarching sustainable development policy.
Policy IMP.1 - this requires a planning obligation in appropriate cases.
Policies D1-D5 - seek to achieve good design and safeguard the character of areas.
Policy HG.1 - seeks to meet the housing requirement within the District.
Policy HG.4 - encourages residential development in certain areas.
Policy HG.7 and HG.7A - deal with housing densities.
Policy NE.6, 10 and 11 - protect wildlife.
Policy T.1 - is an overarching access policy.
Policies T.3-T.7 - encourages walking and cycling.
Policy T.8 - this promotes efficient and reliable bus operations.
Policy T.24 - is a general development control and access policy.
Policy T.26 - requires on site parking and servicing provision.
Planning Policy Guidance (PPG) Note 3: Housing, is also considered relevant in this case, as it seeks to make the best use of previously developed land and gives advice about parking standards. PPG9, Nature Conservation is also considered relevant as it highlights the importance of nature conservation and the need to protect the habitat of protected species.
PPG13. Transport - this promotes sustainable development and encourages the use of other modes of transport rather than a reliance on the private motor car.
PPG24. Planning and noise - this brings attention to how new development can be affected by major sources of noise and gives guidance on acceptable noise levels.
POLICY IMPLICATION: Government Guidance encourages the development of sites such as the application site as it is considered at "previously developed land", and policies within the Bath Local Plan seek to ensure that development sites are developed in such a way to safeguard the amenities of local residents, the character of the area, road safety, wildlife etc. An extensive assessment of the following issues has therefore been made in relation to this proposal to determine if the principle of housing development is acceptable on this site.
RESIDENTIAL AMENITY: The Committee should note that this application is an outline application with only the details of the access to the site for consideration at this stage. The layout, design, number of houses etc. does not form part of this application, and these matters will be reserved for consideration at a later stage if the current application is approved.
There are four houses in Marsden Road, which have relatively small rear gardens and which adjoin the southern boundary to the site. The occupiers of these houses would be the most affected by this development proposal and certainly their outlook onto the existing overgrown garden would change. However, it is considered that the application site is large enough for any new houses to be sited to allow sufficient distance between the new and existing houses to maintain their residential amenity. The fact that the existing houses in Marsden Road are at a higher level than the application site will also help the situation. A landscape condition attached to any planning permission can also ensure that the existing boundary planting is retained and where appropriate it can be re-enforced with additional planting. The layout and design of any new housing can also be designed to ensure that the residents to the east and west of the site are also not adversely affected by the proposal.
With regard to new residents being affected by noise from the adjoining site the comments of the Council's Environmental Health Officer show that new residents can be safeguarded by the imposition of an appropriate condition requiring works designed to control the noise level in and around the new houses.
HIGHWAY SAFETY: It will be noted that the Highway Development Officer has no objection in principle to the residential development of this site with the access shown on the proposed drawings. However, to ensure the provision of an additional bus stop and shelter close to the entrance to this site which will encourage residents to use public transport, the applicant will be required to enter into a legal agreement with the Council. All details of the internal site layout will be reserved for future consideration.
ECOLOGY: Extensive ecology surveys have been carried out which conclude that the site can be developed for residential purposes without significant harm to wildlife. However, to ensure that any wildlife is not unduly disturbed during the construction period a method of mitigation must be agreed with the Council prior to the commencement of any development.
TREES/LANDSCAPE: None of the trees within the site are worthy of a Tree Preservation Order and this must be taken into account by the Local Planning Authority in requiring or enforcing the retention of the existing trees on the site. Any acceptable layout of new houses is likely to retain the planting along the southern boundary of the site and there should be the opportunity to carry out additional planting within an approved housing layout. However, as this is only an outline application the details of future landscaping have yet to be agreed.
GOVERNMENT GUIDANCE: With regard to Government Guidance within PPG3 : Housing, it should be noted that the Government encourages the development of previously developed land within urban areas to make the best use of land to safeguard "greenfield sites", particularly where there are good links to public transport.
It must be accepted that land that has been previously developed will almost inevitably include ancillary curtilage land that has not actually had buildings on it. Accordingly the application site falls within the category of "previously developed land" as it comprises land forming part of the curtilage of existing dwelling and part of the curtilage of the petrol filling station. The principle of its development for residential purposes therefore accords with PPG3 Housing, notwithstanding the comments of objectors, who consider this to be a green field site. Members are advised that little weight should be attached to these objections which are based upon an incorrect interpretation of PPG3.
