APPLICATION NO: 10 ST JAMES MOUNT RAINHILL ST HELENS...

Planning Committee 22/06/2010

P/2010/0321

APPLICATION NO: P/2010/0321 LOCATION: 10 ST JAMES MOUNT RAINHILL ST HELENS PROPOSAL: Retention of 2no. walls. WARD: Rainhill PARISH: Rainhill CASE OFFICER: Paul Mellor AGENT(S) / APPLICANT(S):

MR MIKE CARR / MR JASON STEVENSON

DEVELOPMENT PLAN ALLOCATION: St Helens Unitary Development Plan (1998):

GEN 8 Householder Developments Supplementary Planning Guidance Note 6: Householder Developments

BACKGROUND PAPERS: See 3.0 Policies See 4.0 Consultations See 5.0 Representations

REPRESENTATIONS: Nine letters of objection RECOMMENDATION: Grant Permission

/ 1.0 Application Site 1.1 The application is a large detached dwellinghouse recently re-developed and

situated within an established residential area. The property is positioned at the head of cul-de-sac in St James Mount. The site is bordered by several large detached residential properties. The estate features 1970s style, individually designed houses, generally with large front driveways and gardens.

2.0 The Application 2.1 The application proposes the retention of two walls already built. One wall has

been built on the front driveway up to the front boundary (running parallel to the common boundary with number 9). The wall has a brick base and pillars with railings between. The height of this wall ranges from 2.15m at the rear to 1.7m at the front. The other section of wall is situated on the site boundary adjacent to the footpath built with the same materials to a height of 1.6m-1.8m.

3.0. Policy Context 3.1 The application has been considered having regard to Article 1 of the First

Protocol of the Human Rights Act 1998, which sets out a persons rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.

3.2 This application has been considered in relation to Section 17 of The Crime

and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme.


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3.3 The application has been considered in accordance with the St Helens Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.

3.4 GEN8 of The St Helens UDP states The Council will expect householder

developments to comply with the following requirements:

(i) respect for the scale, design, character and appearance of the original dwelling in question

(ii) respect for the character of its neighbours and local setting (iii) maintenance of reasonable standards of light and privacy for the dwelling

and its affected neighbours (including in both cases garden privacy) (iv) avoids unacceptable intrusiveness, overshadowing and dominance at

close quarters in respect of both homes and gardens (v) adequate provision for motor cars and other common domestic needs,

including outdoor pursuits, so as to maintain unimpeded visibility for all road users, the safe free flow of traffic, pedestrian safety and appropriate levels of visual amenity

4.0. Consultations

4.1 The Council’s Highways Advisor has no objections. The proposed walls do

not affect the intervisibility between emerging vehicles and pedestrians and other vehicles.

4.2 Rainhill Parish Council – No comments received 5.0 Representations 5.1 The application was publicised by seven neighbour notification letters. The

deadline for comments was 05/05/2010. Nine letters of objection have been received. The objections are summarised as follows:

• Vehicles will have to reverse out of driveway detrimental to road safety • The height of the wall is an obstruction • Out of character with other houses in the area • Reduces the available visible garden space within the plot • Creates a driveway in front of neighbours window with associated

noise and lights shining • Division of driveway is a plan to make an entrance into Turris Heah

6.0. Planning History 6.1 P/2008/0447 – 10 St James Mount. Demolition of existing garage, erection of

single storey pitched roof extension to side, 1&1/2 storey garage extension with bedroom above to front, two storey entrance extension to front, loft conversion incorporating dormer extensions to front and rear. Granted 11/06/2008.


P/2010/0321

6.2 P/2010/0010 – Turris Heah, Mill Lane. The erection of 3 dwellings (outline application with all matters except for layout and access reserved for future consideration). Withdrawn 30/03/2010.

7.0. Assessment 7.1 The walls are situated at the front entrance of the plot and are clearly visible

in the street scene. The walls have been constructed from brick and railing which are of good quality. The other properties in St James Mount have walls that are not as high as the ones subject of this application. However, noticeably there is a higher boundary adjacent to the site at No 11 St James Mount, a hedge that significantly exceeds the height of the proposed walls.

7.2 It is considered the walls do not adversely affect the neighbour’s amenity.

One of the walls is situated approx. 12m away from the front elevation of No 9 St James Mount and does not block out light, overshadow or dominate this property.

7.3 The section of wall that is situated in the front driveway creates a separate

driveway that appears detached from the main dwelling. This is considered to have detrimental impact on the appearance of the property and looks out of place within the street scene. However, in considering the application as proposed, the fall back position of what can be built under permitted development is a material consideration.

7.4 Wall A, which abuts the highway can be up to 1m in height without the need

for planning permission. Wall B can be up to 2m in height up to the point where it abuts the highway, at which point it must drop to 1m in height.

7.5 It must therefore be acknowledged, that if this application was refused and

enforcement action taken, it would not secure the removal of the walls, rather just a reduction in their height to bring them down within permitted development limits. This course of action would bring minimal visual benefit or relief and would not address the concerns raised.

7.5 In line with the Highways Advisor’s comments it is considered the walls do not

compromise highway safety. Whilst it is always beneficial to be able to drive in and out of a domestic driveway in forward gear, it is not essential to do so particularly on a residential minor road. It should be noted that a driveway existed in the same position prior to the recent re-development of no 10.

7.6 Third party representations make reference to the drive being the means of

access to land at the rear. Given the recent submission and withdrawal of the application P/2010/0010; their comments are understandable. Such concerns however cannot be regarded as material to the determination of this application. If proposals for the redevelopment of Turris Heah were resubmitted then issues of amenity, intensity of use and highways in relation to those proposals would be considered.

8.0. Conclusions 8.1 The walls appearance splits the driveway of no 10 into two, which looks out of

place in the street scene. However it is acknowledged that this could be achieved without planning permission with a lower wall, or a higher wall set


P/2010/0321

back slightly from the highway. The overall appearance of the wall is acceptable with good quality materials and it does not compromise highway safety. On balance it is recommended that the application should be granted.

9.0. Recommendation 9.1 Grant Permission Retrospectively


P/2010/0321

10.0 Images


P/2010/0321

APPLICATION NO: 10 ST JAMES MOUNT RAINHILL ST HELENS...

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