Refusal recommendation for BRW/83/2011

8/7/2019 Refusal recommendation for BRW/83/2011

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FAIRHOLME HIGHLAND AVENUE BRENTWOOD

DEMOLISH EXISTING HOUSE AND CONSTRUCT NEW BUILDING CONTAINING 10

APARTMENTS WITH ASSOCIATED PARKING, AMENITY AND REFUSE STORAGEAREAS

[bm1]BRW/83/2011

Ward: BRENTWOOD NORTH Zoning: Residential

Parish: Policies: CP1 CP2 CP4 H14 H6 T2

Case Officer: Kathryn Mathews (Tel:01277 312616)

8/13 Week Date: 10th May 2011

1. Proposals

Demolish existing detached two storey house (known as 'Fairholme') and theerection of new building containing 10 apartments (one with one bedroom andnine with two bedrooms): 19.3m wide x 21.8m deep (maximum dimensions) withan 'L-shaped' footprint; 11.7m in height (maximum dimension); pitched roofs. Thebuilding is generally two storey with accommodation provided within the roofspace (maximum height 10.4m). The proposed three storey element (a maximumheight of 11.7m), which would have accommodation within the roof space in theform of a mezzanine floor, would be located on the corner of Ongar Road andHighland Avenue.

The materials to be used to construct the external surfaces of the building wouldconsist of red brick and white render for the walls, and grey slates and red/orangetiles for the roof.

A total of 10 parking spaces are shown to be provided within the site along thenorth-western boundary of the site, along with 2 motorcycle spaces and 10 cyclespaces. Vehicular access to the site would be located in the eastern corner of thesite, off Highlands Avenue; the accessway to the parking spaces would belocated along the north-eastern boundary of the site with Rockland House. A 2mhigh wall along with a bank of soil is proposed along the site's boundary with 2Treetops as an acoustic screen.

A refuse storage area is also proposed attached to the rear elevation of the

proposed building: 7.1m long x 1.8m wide and 2.4m high (maximum dimensions);lean-to roof.

Amenity space for the occupiers of the proposed residential units would beprovided in the form of a garden measuring 75sq.m. to be shared by three of thetwo bedroom units proposed, a 40sq.m. garden for the one bedroom unitproposed, balconies measuring at least 5sq.m. for four of the two bedroom unitsand balconies measuring just under 5sq.m (4.8sq.m.) for the remaining two, twobedroom units.

The area of the site is stated as being 0.096ha.


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The application is accompanied by a Design and Access Statement in which itstates that the proposed three storey element has been designed as a focal pointat the road junction, and that the scheme has been designed to reflect the

Edwardian houses in Highlands Avenue. It is also stated that the lower elementswould respect the development's neighbours and the roof's articulation maintainsa domestic scale of the building proposed.

2. Relevant History

BRW/621/98 - erection of fence along Ongar Road - approved BRW/202/99 - two storey side, two storey rear, first floor rear, single storey rear

and single storey side extensions - approved BRW/110/2001 - two storey side, two storey rear, first floor rear, single storey

rear and single storey side extensions - approved BRW/215/2005 - erection of two and three storey building containing 1no. one

bedroom flat and 9no. two bedroom flats - withdrawn

3. Consultation Responses

Arboriculturalist: there is a preserved Oak to the rear corner of the property,where it is proposed to construct the car park. The tree is showing signs ofdecline, to prevent any further stress to the tree the construction of the car parkshould be of a no-dig construction with a geo web base and a permeablesurface.

Environmental Health & Enforcement Manager: no objection subject to

conditions requiring that the noise levels within the habitable rooms in units 2, 3,6 and 7 will not exceed 35dB LAeq (23.00 to 07.00) and 45dB LAeq (07.00 to23.00), and that the acoustic wall proposed extends along the length of thenorthern boundary of the site.

County Planner (Education): according to their forecasts, there should besufficient secondary places at a local school serving this development but thedevelopment would add to the existing need for primary places on the basis ofwhich a developer contribution prior to commencement of 10,230 is requested.

Anglian Water: no objection subject to the imposition of a condition requiring thatdetails of surface water drainage are submitted and carried out prior to theoccupation of any of the proposed flats.

Operational Services Manager: no response at the time of writing report.


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Highways: no objection given the location with good access to public transportand local facilities, the existing use of the site and the Highway Authority, EssexCounty Council, parking standards subject to the following conditions and

informatives being attached to any approval: Prior to the occupation of each individual dwelling unit the developer shall

provide a Travel Information and Marketing Pack for sustainable transport,with information covering bus and rail travel and including scratch cards forfree bus travel within the applicable zone (covering the relevant zone asset out by the local operator and Essex County Council s Travel PlanTeam) for each eligible member of every residential household. Thescratch cards to be valid for exchange during the first 6 months followingthe occupation of the individual dwelling unit. Reason: In the interests ofpromoting sustainable development and transport in accordance withpolicy DM10 in Essex County Council s Development Management

Policies 2011. Prior to commencement of the development the site s existing western

dropped kerb vehicular access shall be widened to at least 5.5 metres atright angles to the carriageway in Highland Avenue in accordance with theterms, conditions and specification of the Highway Authority, Essex CountyCouncil. Reason: To ease the ingress of vehicles entering the site andensure that vehicles can leave the highway in a controlled manner in theinterest of highway safety.

Prior to occupation of the development 1.5 metre x 1.5 metre pedestrianvisibility splays on either side of the widened vehicular access asmeasured from and along the boundary of the site and the back of the

footway in Highland Avenue, shall be provided and thereafter maintained.No obstruction above 600 mm in height shall be permitted within thesesplays in perpetuity. Reason: To provide adequate inter-visibility betweenthe users of the accesses and pedestrians in the adjoining public highwayin the interest of highway safety.

Prior to occupation of the development the site s redundant vehicularaccess in Highland Avenue, adjacent to its junction with Ongar Road, shallbe permanently closed by raising the kerbs and footway to conform withadjacent levels in accordance with the terms, conditions and specificationof the Highway Authority, Essex County Council. Reason: To ensure theremoval of and to preclude the creation of unnecessary points of traffic

conflict in the highway in the interests of highway safety.


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Prior to the commencement of the development, construction and layoutdetails of the access drive and parking area within the site shown onDrawing No. 903 030G, illustrating the access drive with a width of 5.5

metres for the first 6 metres from Highland Avenue and vehicle spacesmeasuring at least 2.5 metres by 5 metres, shall be submitted to andapproved in writing by the Local Planning Authority. Prior to occupation ofthe development the access drive and parking area shall be hard surfaced,sealed and marked out in parking bays in accordance with the approveddetails. The vehicle parking area shall be retained in this form at all timesand shall not be used for any purpose other than the parking of vehiclesthat are related to the use of the development unless otherwise agreedwith the Local Planning Authority. Reason: To ensure that vehicles canenter and leave the highway in a controlled manner, to ensure thatopposing vehicles can pass and to ensure that appropriate parking is

provided in the interests of highway safety. Prior to the commencement of the development, details of the design and

layout of the cycle parking facilities shown on submitted Drawing No. 903030G shall be submitted to and approved in writing by the Local PlanningAuthority. The approved facility shall be secure, convenient and coveredand provided prior to occupation of the development and retained at alltimes. Reason: To ensure appropriate cycle parking is provided in theinterest of highway safety and amenity.

Prior to the commencement of the development, details of the design andlayout of the motorcycle parking facilities shown on submitted Drawing No.903 030G shall be submitted to and approved in writing by the Local

Planning Authority. The approved facility shall be secure and providedprior to occupation of the development and retained at all times. Reason:To ensure appropriate motorcycle parking is provided in the interest ofhighway safety and amenity.

During the construction period all construction traffic and materials,including contractors and sub-contractors vehicles shall be accommodatedon properly compacted hard surfaced areas within the site. Reason: Toensure adequate space for parking and the storage of materials off thehighway is provided in the interest of highway safety.


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Prior to commencement of the proposed development details of a wheelcleaning facility located within the site and adjacent to the egress onto thehighway shall be submitted to and approved in writing by the Local

Planning Authority. The wheel cleaning facility shall be provided at thecommencement of the development and maintained during theconstruction period. Reason: To avoid displacement of loose material ontothe highway, in the interests of highway safety.

Informatives:o It is recommended that an informative should be attached to any

approval stating that, in accordance with Brentwood BoroughCouncil policy, residents of the proposed dwellings will not beallowed permits in Brentwood Borough Council s Residents ParkingScheme.

o All works affecting the highway shall be carried out by prior

arrangement with, and to the requirements and satisfaction of, theHighway Authority and application for the necessary works shall bemade to the Area Highways Office, Essex County Council (WestArea), Goodman House, Station Approach, Harlow, Essex CM202ET. (Tel: 0845 603 7631 Email:[email protected] ).

4. Neighbour Responses

63 letters of objection have been received on the basis of the following concerns:-o lovely old house should not be knocked downo on busy corner near pedestrian crossing, catering company, post box and

the public house oppositeo additional traffic would make traffic problems worseo too many flats alreadyo would be dangerous exit onto Highland Avenue which is used by buses,

coaches and carso Highland Avenue already congested especially at school times;

pedestrians, including school children, would be put at risko insufficient on-street parking availableo current pot holes in Highland Avenueo would potentially cause problems for emergency accesso preposterouso concern that dead ivy would be left on garage for Rockland House which

would be unsightlyo size of parking spaces proposed do not meet required standardso unclear whether current fence and laurel bushes on the boundary with

Rockland House are to be removed - plans suggest that laurel would bereduced in height (8m to 2.9m)

o documents submitted misleading as they do not accurately reflect the roofheights of adjacent buildings

o concern regarding the potential for overlooking of neighbouring propertieso development too large for site
mailto:[email protected]:[email protected]


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o concern that existing 2-way section of Highland Avenue may need to beremoved

o may affect property values and reduction in Council Tax would be

requested if development allowedo concern could cause loss of light to and overlooking of the rear gardens of

some dwellings on opposite side of Ongar Road and Tree Topso would put strain on current weak water pressureo would be visually incongruous and would not be in keeping with the other

properties in the areao would set precedent for futureo would add to extra traffic resulting from housing being built at Highwood

Hospital and William Hunter Wayo a two storey building containing six flats would be more appropriateo would increase noise levels in summero large garden with wildlife would be losto concern that development would adversely affect the protected tree on siteo gardens should not be treated as Brownfield siteso overdevelopment and building too higho next to small industrial building which was understood to harbor dangerous

industrial gaseso would be forward of building line in Highlands Avenueo flats would have inadequate storage; use of balconies for storage would be

unsightlyo if approved, existing parking restrictions in Tree Tops and Highlands

Avenue should remain unchanged, part of the parking bays in Tree Tops

need removing as they cause vehicles to drive down the wrong side of theroad, and further traffic calming measures are required for HighlandAvenue

o use of car park next to their garden would cause disturbanceo no other four storey buildings nearbyo refuse stores would add to vermin problemo lack of amenity space for occupiers of proposed flats, living areas

incredibly smallo submitted plans contain errorso would be very close to the pavement and overbearingo insufficient turning space within siteo no acoustic wall proposed on the boundary with no.2 Treetops as

previously proposedo plans show a greater height than in previous planso developers should be asked to pay for a new zebra crossing in Sawyers

Hall Lane, new pavements, cycle paths and resurfacing, cycle parking andparent waiting shelters to encourage more parents to walk to school

o residents of the proposed flats should have a safer way of accessing theirparking spaces and refuse storage; not along the proposed driveway

o would increase likelihood of noise disturbance and damage to property asresidents likely to be young people

o would object to any of the flats being occupied by council house tenants


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o loss of landscaping would make development more prominento does not support a sense of local pride and civic identityo lacks a fence around the garden area for safety and parking area not

secureo seen bats and badgers in their garden; development would remove badger

foraging groundo no consideration of renewable energyo concern that piled foundations may have an impact on the foundations of

their Victorian propertyo there is a Facebook group opposed to this development with over 70

supporterso will not know who is watching them in the adjacent garden

5. Summary of Issues

The application site is located at a prominent location at the junction of HighlandAvenue and Ongar Road. The site is located in a predominantly residential areaconsisting of variety of house types, styles and sizes, although there are alsocommercial properties in the vicinity of the site including a catering companyadjacent to the site's Ongar Road boundary, a public house opposite and TravisPerkins on the other side of Highlands Avenue. The site contains a mature Oaktree in the western corner of the site which is subject to a Tree PreservationOrder.

Character and Appearance Whilst the height of the proposed building is directly comparable to the height of

existing buildings within the locality (such as Glenhurst and Rhodesia Lodge onHighland Avenue and no.142 Ongar Road) it would be higher than thosebuildings immediately adjacent (Rockland House and no.133 Ongar Road).However, given the mixture of building types, sizes and heights in the vicinity ofthe site, and the size, design, height and position of the proposed building, it isconsidered that the building would not be out of character with its surroundings.Furthermore, the building has clear and strong visual references to the existingEdwardian accommodation in Highland Avenue.

Residential Amenity The building is located at least 1m away from the plot boundaries except for at

three points along the building s Ongar Road elevation where the building would

be at least 0.5m from the site s boundary. There would be no infringement of the45 degree guidance.

By reason of its varying height, L-shaped layout and position at least 5.1m fromthe boundary of any neighbouring residential curtilage, it is not considered that itwould appear unduly dominant or overbearing to the occupiers of the existingadjacent properties.

The proposed building has also been fenestrated so as to minimise overlooking,with windows facing into the rear of the site i.e. towards adjacent residentialproperties, limited in both number and size. In assessing overlooking, the advicecontained in the Essex Design Guide (which has been adopted by this Council asSupplementary Planning Guidance) has been used to assess the proposal.


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On the northern elevation of the proposed building, which would face 133 OngarRoad, there would be two living room windows, a balcony and one bedroomwindow at first floor level as well as a bedroom window at second floor level.

These windows and balcony would be within 15m of the side garden of 133Ongar Road and within 35m of the first floor bedroom windows contained withinthe side elevation of a recent extension to this neighbouring property (referenceBRW/247/2009). However, the existing and proposed windows would be at least21m apart and would not be directly opposite each other. Also, there is a large,mature, preserved Oak tree which would be located in between the proposedwindows/balcony and the boundary of 133 Ongar Road. As a result, it isconsidered that, subject to the imposition of conditions, the opportunities foroverlooking 133 Ongar Road would be minimal. The conditions considerednecessary would require the provision of a privacy screen along the northernedge of the balcony and require that the first floor windows on the northern

elevation of the proposed building are obscure glazed and fixed closed beloweye-level.

On the eastern elevation of the proposed building, which would face RocklandHouse, there are no windows which would be face and be within 15m of thecurtilage of Rockland House. There is one first floor balcony proposed but aprivacy screen could be provided along the eastern edge of the balcony whichwould mitigate the potential for overlooking of the occupiers of Rockland House.

In order to limit any noise and disturbance arising from use of the car parkingfacilities, an acoustic wall and landscaped earth bund are proposed on the rearboundary with no. 2 Treetops. The extension of this wall so as to include theboundary with no. 133 Ongar Road would be necessary to minimise noise

disturbance to 133 Ongar Road, as recommended by the Environmental HealthOfficer.

Highway Safety and Parking The proposed development would make sufficient provision cycle parking (6no.

spaces) and motorcycle parking (2no. spaces) in accordance with the adoptedstandards.

With respect to off-street parking, there is sufficient space within the site toprovide only 9no. parking spaces at the recommended minimum size of 2.5m x5m. According to the Council's adopted parking policy, a scheme of this sizewould normally be expected to provide a total of 21 parking spaces (one for theone bedroom flat, two each for the two bedroom flats and 3 visitor parking

spaces). The adopted parking policy states that a reduction in the normal off-street parking provision may be considered if it relates to development within anurban area (including town centre locations) that has good links to sustainabletransport. Main urban areas are defined as those having frequent and extensivepublic transport, cycling and walking links, accessing education, healthcare, foodshopping and employment. The Highways Officer does not raise objection to theparking provision which could made within the site as he considers that thesite has good access to public transport and local facilities.


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Whilst the County Highways Officer indicates that the parking proposed would beadequate it is considered that this site, whilst being on a public transport route, isnot sufficiently close to Brentwood Town Centre to benefit from all of the

attributes associated with a central location. For this reason it is considered thatwithin this predominantly residential area of Brentwood there is a reasonableexpectation that the occupiers of the flats would possess cars. Although almostone space would be provided for each flat this would fall well short of the recentlyadopted standards which are based on recent research. Within town centresthere may be other factors to weigh in the balance, such as the benefits ofintroducing more residential use into central areas; however it is considered thatno such benefits would arise here and it is therefore considered that there is noreason to depart from the adopted parking standards.

The inadequate provision of off street parking spaces would be likely to increase

the pressure for on street parking in the area which would be detrimental tohighway safety and the general amenities of people living in the area.

In light of the comments of the above, it is recommended below that planningpermission is refused on the basis of the inadequacy of off-street parkingprovision being made.

Quality of Life With respect to the quality of life of the occupiers of the proposed flats, all are at

least the recommended minimum size i.e. at least 40sq.m for the one bedroomflat and at least 52sq.m for the two bedroom flats.

Amenity space is proposed to be provided via private and communal gardens andbalconies. All but two of the proposed flats would either have access to anoutdoor amenity area of at least 25sq.m for each flat or a balcony measuring atleast 5sq.m in area. Two of the flats would have a balcony measuring less than5sq.m (around 4.8sq.m) but it is considered that this small shortfall would not

justify a refusal of planning permission for the development proposed. It is alsoconsidered that the development includes adequate provision for refuse storage.

Based on the advice of the Environmental Health Officer, it is considered that anyplanning permission granted should be conditional on appropriate measuresbeing taken to ensure that noise levels within the habitable rooms in units 2, 3, 6and 7 not exceeding 35dB LAeq (23.00 to 07.00) and 45dB LAeq (07.00 to

23.00), in the interests of the amenity of the occupiers of these units which wouldfront the heavily trafficked Ongar Road.

Other Matters The scheme proposed complies with Local Plan Policy H6 as all of the units

proposed are either one or two bedroom units. The applicant has confirmed that they would be willing to enter into a Section 106

Agreement to secure the payment of 10,230 to Essex County Council towardsthe provision of primary school places and so the proposal complies with LocalPlan Policy CP4.


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Based on the advice of Anglian Water, it is considered that the proposeddevelopment would not cause drainage problems, subject to the imposition of acondition as recommended by Anglian Water.

A local resident has stated that bats and badgers have been observed in thegardens of neighbouring properties but none have been observed within theapplication site. On this basis, it is considered that a refusal of planningpermission could not be justified on the basis of potential damage to the site secology. However, the applicant has commissioned an ecologist to assess thesite.

Letters of Representation Most of the issues raised by local residents have been addressed above.

However, in response to those matters not covered, the following comments aremade:

The existing building within the site is not located within a Conservation

Area and is not a listed building. Hence, a refusal of planning permissionbased on the loss of the existing building could not be justified;

A condition could be imposed requiring details of landscaping and fencingto be erected within and around the site, to be submitted for approval;

Since the receipt of the original planning application, further drawings havebeen received which have corrected the errors identified;

A potential reduction in property values, possible dangerous gases in anadjacent building and potential damage to neighbouring properties are notconsidered to be material planning considerations in the case;

Details of the occupiers of the proposed flats are outside the control of thelocal planning authority;

There is inadequate Local Plan Policy support for any requirement forrenewable energy measures to be incorporated into the scheme.

Conclusion In light of the above, it is considered that the proposal would not harm the

amenity of the occupiers of neighbouring properties, local visual amenity orprotected species and would provide an adequate quality of life for the occupiersof the proposed flats. The applicant has agreed to enter into a Section 106Agreement to make the necessary contribution to the provision of primary schoolplaces. As a result of the above, it is considered that the proposal complies withsatisfies Policies CP2, CP4, C3, C7, H6 and H14.

However, on the basis that the proposed development would make inadequate

provision for off-street parking, contrary to Local Plan Policy T2 and the relevantcriteria of Policy CP1, it is recommended below that planning permission isrefused for this reason.


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6. Recommendation

Refuse

1) The proposed development would make inadequate provision for off-streetparking which would be likely to inappropriate on-street parking in the area tothe detriment of highway safety and the general amenities of the areacontrary to Policies CP1 and T2 of the Brentwood Replacement Local Plan.

Informatives

1) I12 - Policies related to refusal

2) This decision is based on drawings numbered 030rev.G, 031rev.G, 032rev.F,

033rev.C, 034rev.E, 035rev.C, 036rev.D, 037rev.D, 038rev.D, 039rev.B,0505-1, and specifications, which accompanied the planning application.

11 STUART CLOSE PILGRIMS HATCH BRENTWOOD

PART TWO STOREY PART SINGLE STOREY REAR EXTENSION (RENEWAL OFPLANNING PERMISSION BRW/228/2008)

[bm1]EXT/BRW/7/2011

Ward: PILGRIMS HATCH Zoning: Residential

Parish: Policies: CP1

Case Officer: Catherine Williams (Tel:01277 312617)

8/13 Week Date: 9th May 2011

1. Proposals

This application is for a part two storey part single storey rear extension This application is a renewal of planning permission BRW/228/2008.

2. Relevant History

BRW/228/2008: Part two storey part single storey rear extension - Approved.21st April 2008.

3. Consultation Responses

Highways: No objection.

Refusal recommendation for BRW/83/2011

Documents

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