Wolverhampton City Council OPEN DECISION ITEM ......WV1 2AW 40 07/00587/FUL Jones Skip Hire Culwick...

Agenda Item No: 7 Wolverhampton City Council OPEN DECISION ITEM Committee / Panel PLANNING COMMITTEE Date: 26th June 2007 Originating Service Group(s) REGENERATION AND TRANSPORTATION

Contact Officer(s) Stephen Alexander (Head of Development Control)

Telephone Number(s) (01902) 555610

Title/Subject Matter PLANNING APPLICATIONS

Recommendation That Members determine the submitted applications according to the recommendation made in respect of each one.

2

PLANNING COMMITTEE (26th June 2007) REFERENCE SITE ADDRESS PAGE NO Bilston East 07/00458/OUT Bankfield Works

Greenway Road Bradley Wolverhampton West Midlands

5

Blakenhall 07/00435/CPL 26 Ednam Road

Blakenhall Wolverhampton West Midlands WV4 5BW

24

07/00722/RP 37 Park Hall Road

Blakenhall Wolverhampton West Midlands WV4 5DU

30

Bushbury South and Low Hill 07/00007/FUL WMBC Training Centre

Fifth Avenue Low Hill Wolverhampton West Midlands

34

East Park 07/00501/FUL 276 Deans Road

Heath Town / Eastfield Wolverhampton West Midlands WV1 2AW

40

07/00587/FUL Jones Skip Hire

Culwick Street Stowheath Wolverhampton West Midlands WV1 2SX

45

3

Ettingshall 07/00188/FUL & 07/00697/DNF

Benham & Land Adjacent to No.56 Raby Street Parkfield Wolverhampton West Midlands WV2 1AS

53

Fallings Park 07/00532/FUL The Mill House

Cannock Road Wolverhampton Wednesfield West Midlands WV10 8QD

61

Graiseley 07/00482/FUL Land At Junction With Lord Street

Clifton Street Merridale Wolverhampton West Midlands

66

Heath Town 06/01300/FUL Land At Horseley Fields/Union Mill

Street Horseley Fields Eastfield Wolverhampton West Midlands

76

06/01688/OUT Former Crane Foundry

Horseley Fields Wolverhampton West Midlands

86

07/00543/REM & 07/00544/FUL

Former Springfield Brewery Cambridge Street Heath Town Wolverhampton West Midlands WV10 0JP

95

4

07/00540/FUL New Trust Community Centre

1 Wolverhampton Road Heath Town Wolverhampton West Midlands WV10 0PD

108

St Peter’s 07/00416/REM & 07/00687/CON

Retail Core Expansion Development Site Worcester Street Town Centre Wolverhampton West Midlands

115

07/00519/FUL Land And Buildings Bounded By

School Street Little Brickkiln Street Worcester Street Town Centre Wolverhampton West Midlands

123

Tettenhall Regis 07/00613/FUL Adas

Woodthorne Wergs Road Tettenhall Wolverhampton West Midlands WV6 7LB

131

07/00640/FUL 51A Pendeford Avenue

Aldersley Wolverhampton West Midlands WV6 9EH

136

Wednesfield South 07/00664/PA Corus Steel

Steelpark Way Wednesfield Wolverhampton West Midlands WV11 3SQ

142

5

PLANNING COMMITTEE - 26-Jun-07

COMMITTEE REPORT: 1. Site Description 1.1 The application site covers an area of 5.77 hectares and is located approx 700m south

of Bilston Town Centre. To the north, the site directly adjoins the Bilston Urban Village. To the south of the site within 200m is Bradley, a predominantly residential suburb. Surrounding the site to the south are established industrial premises. To the west, and south of the canal is N and W Global Vending Systems and Greenway Road Playing Fields. To the east on the north side of the canal and directly adjoining the site is McAuliffes Waste Transfer Site, Loxdale Park Industrial Estate and Latiffs Cash and Carry retail warehouse, all accessed from Northcott Road.

1.2 The site comprises three areas of land which straddle the Bradley Arm of the

Birmingham Canal which historically were used as ironworks. Site A and B are linked (one area) and accessed from Dudley Street from the west and is currently known as the Ashtenne Site comprising individual industrial units/workshops and storage. The site extends east into Area B where the boundary adjoins Stitchacre, a waste transfer station and concrete crushing plant. This site was formerly the Cogent Works and prior to that was known as Sankey Laminations part of the GKN/Sankey group.

1.3 South of the canal is Area C which comprises derelict industrial buildings 1.4 Area D is currently a hard surfaced area used for parking and with a few small derelict

industrial buildings. The area is used for parking by employees of N & W Global Vending to the north-west. This area contains an air raid shelter and what appears to have been a Chapel building.

1.5 Across the site in a north-south direction and dissecting Areas A and B, is an

established pedestrian link between Bradley and Bilston which crosses the canal at Glassworks Bridge, located in the centre of the application site.

APP NO: 07/00458/OUT WARD: Bilston East

DATE: 05-Apr-07 TARGET DATE: 26-Jul-07

RECEIVED: 29.03.2007

APP TYPE: Outline Application

SITE: Bankfield Works, Greenway Road, Bradley, Wolverhampton

PROPOSAL: Mixed use development comprising residential development, erection of light industrial units and associated infrastructure, landscaping, parking, creation of public open space and retention of existing car park. (Outline Application)

APPLICANT: GC Bilston Ltd Norwich House 45 Popar Road Solihull West Midlands B91 3AW

AGENT:

6

1.6 An area of trees on the south side of Greenway Road and approx 50m from the junction with Bankfield Road to the west are covered by a Tree Preservation Order. The group of trees comprise 5 lime trees, 1 maple and 1 hawthorn.

1.7 There is an existing footpath north-south link forming an important pedestrian link

between Bilston and Bradley. Although much of this link is overgrown and poorly surfaced, however it is relatively well used by people, particularly for the direct connection to Bilston Town Centre and Morrisons supermarket off Bankfield Road.

1.8 The site itself is relatively flat. On the southern side of the canal some of this change in

level is taken up within the structure of existing industrial buildings. Between the site and Bilston to the north are some areas of steeper localised slopes which are a legacy of the old iron workings and coal mines. This results in the site being on a plateau overlooking the Bilston Urban Village regeneration scheme to the north.

2. Application details 2.1 The application was received on 5th April 2007 and was supported by a Design and Access Statement which contains the following: - Development Principles Key elements

• Improvements to the existing canal corridor and removal of poor quality employment land to contribute to the vision contained in the Black Country Study.

• Frontage to positively address canal with layout to provide improved opportunities for access and overlooking.

• Landmark frontages at key arrival/exit points.

• Proposed commercial/industrial uses.

• Connection to existing residential area along northern edge of Bradley.

• Improvements to Greenway contributing to an attractive, safe and direct pedestrian and cycle link between Bilston and Bradley. Promote frontage on to this link.

• Create new linkages through development to canal side.

• Small scale residential communities/mews behind well defined canalside frontage.

• Consider future interface with Bilston Urban Village proposals with potential linkages.

• Promote access to and overlooking of existing public open space 2.2 The application, informed by the key elements results in the proposed development

framework, showing illustratively a possible location for and maximum footprints and heights of all buildings, which is essentially the only drawing that will form the basis of any approval. The application is in outline with means of access the only other matter for consideration. The proposed development framework indicates 'points' of access for consideration and seeks to establish a maximum number of units. An ‘illustrative only’ indicative layout plan has also been submitted.

2.3 Since the original submission the indicative layout and development framework have been revised during the process of the application. The amended plan submitted on 5th June 2007 would provide the following: -

- The provision of a maximum 242 new homes at 57 dwellings per hectare, providing 57% housing and 43% apartments.

- 25% affordable housing

7

- 0.67ha of employment land (2000m2) suitable for B1 Class Use (light industrial) and creating 63 new jobs

- Provision of 0.75ha of public open space and 0.11ha acoustic mitigation area - A traffic signalled junction at Dudley Street providing a new access into the site

from the west. - Environmental Improvements including landscaping and ecological

enhancements along side the canal corridor - Enhancement of existing footpaths and creation of new footpaths and

cycleways 2.4 Housing

In accordance with DCLG Circular 01/2006, the proposed development framework shows maximum indicative building blocks and maximum building height at 4 storeys. An amended indicative layout has been submitted to demonstrate how the maximum number of 242 dwellings can be realised. Following continued discussions however, a final indicative layout is awaited which may reduce the number of proposed units further. The layout has been divided into a number of 'character' areas as follows:

• Canalside The There is a significant opportunity to front development onto the Bradley Arm Canal, promoting it as an active, vibrant and safe movement corridor. The canalside development form, therefore, has specific layout requirements that involve fronting onto the canal, having minimal set back and promoting access to the canal frontage.

• Street The street is a well established urban form and has been recreated within the Site Development Framework (SDF) in locations of primary movement, which need a significant amount of development frontage either side of the street.

• Greenway The connection through the application site north via the Bilston Urban Village to Bilston town centre uses the Greenway. This strip of land provides a key movement corridor, whilst reflecting the ‘green’ qualities of the site and pioneer vegetation surrounding the site at present. Development proposals intend to harness these qualities whilst promoting safe and direct use of the Greenway.

• Mews Designed to contrast with the ‘Street’ character area, the Mews is less formal and creates quieter, more intimate forms of development away from the main movement routes.

• Employment The proposed employment uses are grouped adjacent to existing employment areas and front onto some proposed residential areas. Some key principles are therefore identified to facilitate these adjacencies and provide appropriate urban form.

2.5 Transport

2.5.1 The application is supported by a Transport assessment.

2.5.2 The road layout shown in the development framework is indicative however, the points of access for these roads would be approved as part of the planning application.

2.5.3 To the west of the site off Dudley Street a new vehicular access is proposed which will be signalised and constructed to adoptable standards. The new road would serve residential properties north of the canal.

8

2.5.4 The development south of the canal would be accessed from Greenway Road. The submitted drawing indicates 2 primary accesses and 2 secondary accesses (to serve a small number of dwellings). This however may be altered to reduce this number in the awaited amended layout.

2.5.5 The proposed industrial units located on the corner of Greenway Road and

Bankfield Road would be accessed from Bankfield Road from the creation of a new access.

2.5.6 The area of car parking retained on the east side of Bankfield Road and south of the new industrial development, which is for employees of NW Global Vending would also have a new access

2.5.7 The current submission seeks approval for 7 points of access

2.6 Public Open Space

The proposal comprises a total of 0.75ha of public open space. This is distributed across the development site. An area of 0.11ha is an acoustic bund which is excluded from the ROS provision and located on the east of the site between the proposed ROS and the waste transfer station. The bund would incorporate a 2.5m high earth mound (bund) and 2m high acoustic fence on top (subject to final design). .5

3. Planning History 3.1 No relevant planning history. 4. Constraints 4.1 Authorised Processes on adjacent sites in Northcott Road, Morrisons Petrol Station,

Stitchacre Ltd, C.M.C Greenway Road 4.2 British Coal – Historical 4.3 Landfill Gas Zone 4.4 Sites and Monuments – Historical 4.5 Tree Preservation Order - TPO Ref: 06/00450/TPO 5. Relevant policies 5.1 Relevant UDP Policies are: -

D1 - Design Quality D2 - Design Statement D3 - Urban Structure D4 - Urban Grain D5 - Public Realm Public Open Private Space D6 - Townscape and Landscape D10 - Community Safety D12 - Nature Conservation and Natural Features D13 - Sustainable Development Natural Energy D14 - The Provision of Public Art EP1 - Pollution Control

9

EP6 - Protection of Ground Water, Watercourses, Canals EP2 - Environmental Impact Assessments EP3 - Air Pollution EP8 - Water Supply Arrangements for Development EP9 - Sustainable Drainage Arrangements for Development EP11 – Development on Contaminated Unstable Land HE1 - Preservation of Local Character and Dist HE22 - Protection and Enhancement of Canal Network. N1 - Promotion of Nature Conservation N2 - Access to Natural Green Space N7 - The Urban Forest N9 - Protection of Wildlife Species B5 - Design Standards for Employment Sites B10 - Redevelopment of Business Land and Prem. R1 - Local Standards for Open Space, Sport R6 - The Greenway Network R7 - Open Space Requirements for New Develop. R9 - New Open Space, Sport and Recreation Facilities H1 - Housing H6 - Design of Housing Development H9 - Housing Density and mix H10 - Affordable Housing AM1 - Access, Motabaility and New Development AM12 - Parking and Servicing Provision

5.2 Relevant national policies and guidance are as follows: - PPS1 – Sustainable Development PPS3 – Housing PPS9 – Biodiversity and Geographical Conservation PPG13 – Transport PPG15 – Planning and the Historic Environment PPG16 – Archaeology PPG17 – Planning for Open Space, Sport and Recreation PPG24 – Planning and Noise PPG25 – Development and Flood Risk 5.3 Relevant Regional Spatial Strategy (RRS11) 5.4 Supplementary Planning Guidance SPG3 – Residential Development

SPG16 – The Provision of Public Art SPD – Affordable Housing

6. The Environmental Impact Statement 6.1 This application is accompanied by a formal Environmental Impact Statement which

consists of the following: -

• A non-technical summary

• Description of the proposed development

• The development proposals

• Review of relevant planning policies in the Wolverhampton UDP, National and Regional policies and guidance

• Socio-Economic Issues

• Biodiversity

• Landscape and Visual Effects

10

• Ground Conditions and Contamination

• Water Resources

• Cultural Heritage

• Transport, Movement and Access

• Noise and Vibration

• Air Quality

• Summary of Residual effects

• Cumulative effects 7. Summary of the main findings of the EIS 7.1 Planning Policies and government advice

7.1.1 The EIS concludes that the proposed application is broadly in accordance with planning policy, although where it is not, or where the proposed application would impact on surrounding social, economic and environmental features, mitigation measures are proposed in order to enhance the redevelopment of the application site and its surroundings. Furthermore, the proposed application provides a valuable input to meeting the regional housing growth targets for Wolverhampton, whilst maintaining a consistent level of employment land in an area where historically, local employment opportunities have been in decline. 7.2 Socio-economic Issues 7.2.1 The area where the proposed development will take place is one of the poorest areas in the City, with relatively high unemployment and low house prices in comparison with regional and district averages. The proposed development will provide a range of benefits, including up to 242 dwellings and 2,000m2 of employment floorspace, creating around 63 new jobs. 7.2.2 In order that the benefits of the proposed development are realised in the local community it will be crucial that construction companies employ local labour and suppliers, keeping the economic benefits within the local area. 7.2.3 The local area already has a wealth of facilities for education, leisure and health, although the proposed development would put extra pressure on the capacity of all of these facilities. Furthermore, even though it has been recognised that the BUV will provide additional capacity in terms of school places, health and leisure facilities, the assessment of the cumulative effects of the proposed development should not assume that these will come forward immediately, as the proposed development has no control over their supply. 7.2.4 The proposed development will bring a range of improvements including the environment along the canal towpath, access via a range of sustainable transport modes such as walking, cycling and the Metro and contributions toward the provision of additional facilities for health, education and leisure. 7.3 Biodiversity 7.3.1 The application site comprises four habitat compartments (A-D) which contain a several habitats considered to be of ecological value whilst the adjacent Bradley Arm of the Wolverhampton/Birmingham Canal complex is assessed as having ecological value at a Local level. The main habitats of interest are the trees and scrub along the lane between Areas A and B; the grassland/scrub mosaic in Area B; the large trees in Area D; the ruderal/scrub/hardstanding mosaic in Area A and the section of the canal bank in Area C.

11

7.3.2 Surveys for otter, water vole, birds, reptiles, great crested newts and amphibians have been carried out whilst a single bat record indicates that they may be using the canal as a feeding and commuting route. The surveys revealed that a colony of common lizards and a population of water voles are present within the application site. 7.3.3 An Environment Strategy has been drawn up for the site which involves the retention, enhancement and creation of tree and scrub habitats which will provide benefits for birds, bats and invertebrates. Enhancements to the canal and adjacent habitats within Area C will provide benefits for water voles, aquatic birds, bats and invertebrates. 7.3.4 These long term benefits will more than offset the potential short term habitat loss and disturbance during the demolition and construction phases of the proposed scheme which is reflected by positive effects on tree/scrub and canal habitats, birds and bats. However, there are a number of mitigation measures suggested during the construction/demolition phase to safeguard the long-term ecological value of the site. 7.4 Landscape and Visual Effects 7.4.1 The site is not of any high landscape value and does not have any landscape features worthy of retention. It is set within the urban landscape of the Black Country and is predominantly a run-down industrial area with some derelict open space. 7.4.2 During the construction phase of the development, there will be some short term adverse impacts. However, the proposals will considerably change the character of the application site, with long term impacts being positive. The effect on the wider landscape will be combined with other developments planned for the area. The night time impacts are unlikely to significantly change existing light levels if mitigation measures are adopted. 7.4.3 In general the visual impact of the development will have a minor beneficial impact on the visual receptors identified, with some moderate beneficial effects on receptors at the junction of Salop Street and Bankfield Road, Bankfield Road and at the junction of Salop Street and Greenway Road. 7.5 Ground Conditions and Contamination 7.5.1 The site has been used by heavy industry for over 200years, past uses including iron/steel/tin works, a glass works and more recently light industrial works. The ground conditions are typical of any former industrial and coal mining area in the ‘Black Country’. Many similar sites have been re-developed successfully without significant risk to the environment either during or after redevelopment.

7.5.2 The desk study research also identified a number of engineering constraints to development:-

• 12 No. recorded mineshafts on or within 20m of the site boundary;

• evidence of working in the ‘Thick Coal’ seams

• recorded workings for coal and ironstone in various seams

• coal is also believed to exist at or close to the surface, that may have been worked in the past (i.e. unrecorded workings, such as ‘bell pits’, may be present);

• 3 No. areas of infilled canal basins (as identified from historical maps);

• existing building foundations and foundations for heavy machinery;

• tunnels beneath Bankfield Road;

12

• former below ground Air-Raid Shelter, with possible underground connection to a second air-raid shelter; and

• a steep (10m-15m) high slope along the northern site boundary, Area A. 7.5.3 The desk study and subsequent investigations undertaken on the site at Bilston have identified and characterised the hazards and risks and appropriate remedial measures have been proposed, which will enable the site to be successfully re-developed for residential use. During the site preparation works the shafts will be accurately located, stabilised and capped and an appropriate 'no build' consideration zone will be defined. The identified constraints can be overcome successfully through the adoption of approximate mitigation measures. 7.6 Water resources 7.6.1 Overall the proposed development will have a beneficial effect on the water quality characteristics within the vicinity of the application site. The most significant impacts of the development are those associated with the disposal of surface water runoff from the site, which will be discharged to the public sewer system at an agreed rate with the EA and Severn Trent rather than the Bradley Arm Canal. The development will also have a beneficial effect on the aesthetic characteristics of the canal by improving and enhancing the canal’s riparian areas. Improvements to the existing canal corridor will also contribute to the vision described in the Black Country Study as the canal currently suffers from neglect, pollution and poor public access. 7.6.2 This assessment of the proposed development in relation to flooding issues, water quality and associated ecological issues has been undertaken using current best practice. The assessment indicates that providing the recommended methodologies and mitigation measures are adopted during design and construction then the proposed development should have no significant adverse impact on the local water environment. 7.7 Cultural Heritage 7.7.1 The proposed development will not impact on any Listed Buildings, SAMs or any other statutory or non-statutory designated site. The clearance of the industrial buildings presently covering the site can be fully mitigated by adequate standing building recording. The buried archaeological resource is difficult to quantify. It is necessary that measures should be implemented to mitigate the impacts on the buried archaeological resource on the site, probably in the form of a watching brief in selected areas. 7.7.2 The exact level of mitigation required should be discussed in detail with the Black Country Archaeologist 7.8 Transport, Movement and Access 7.8.1 The proposed development will improve pedestrian facilities at Dudley Street and footpath and linkages will have a moderate significant beneficial effect on local residents and pedestrians and cyclists. 7.8.2 The application site is well served in terms of sustainable transport and is well located for residents and employees to access the site via non car modes. This and the Travel Plan will encourage favourable modal split and reduce the level of single occupancy car journeys to and from the application site.

13

7.8.3 The development will complement the Bilston Urban Village proposals by removing the existing industrial land use which will result in fewer Heavy Goods Vehicles driving through the area. 7.8.4 It has been demonstrated that the additional traffic generated as a result of the development proposals can be accommodated on the local highway network. 7.9 Noise and Vibration

7.9.1 The assessment has found that the noise impact at the closest residential properties during construction of the development will be at worst moderate adverse during certain phases of the construction programme, but will be temporary in nature. The adoption of the mitigation measures outlined would probably reduce this impact to minor for typical working conditions.

7.9.2 There will be no significant noise impacts associated with the predicted increases in road traffic sources as a result of the development.

7.9.3 The impact from noise associated with existing industrial and commercial premises on the proposed development is considered to be potentially adverse. However, a proportional level of mitigation measures will ensure that the impact is significantly reduced. It is anticipated that there will be no other permanent noise or vibration impacts. 7.10 Air Quality 7.10.1 The construction works have the potential to generate dust. During construction it will therefore be necessary to apply a package of mitigation measures to minimise dust emission. Even with these measures in place, there remains a risk that some existing off-site residential properties might potentially be affected by occasional dust soiling impacts. Any impacts will be temporary and any events will be infrequent, depending on the coincidence of certain weather conditions with dust raising activities close to a residential property.

7.10.2 The potential air quality impacts of operational road traffic associated with the proposed development have been assessed at 7 receptors, which represent locations where any air quality impacts are expected to be greatest. Concentrations of nitrogen dioxide and PM10 have been estimated for 2006, to define existing conditions, and for 2008 and 2014 (the latter includes the Bilston Urban Village development) as the development is expected to be completed during this period. Results for 2008 show that changes in traffic volumes due to the proposed development will have a negligible impact on local pollutant concentrations, even at the worst-case locations and the concentrations of these pollutants within the proposed development will be well below the air quality objectives. The results for 2014 show that the combined effects of the proposed development, with the Bilston Urban Village development, will have a negligible impact on local air quality and concentrations will remain well below the air quality objectives.

7.10.3 Existing air quality across the proposed development site is considered to be

good in relation to the statutory objectives to protect human health. There is though a risk of dust from the waste transfer facility and mineral process operating on the Stitchacre site to the east of the proposed development site. To protect the residential amenity of future occupants of the proposed development the development framework for the site has been designed to incorporate a 25 m buffer between sensitive uses and the boundary of the Stitchacre site.

14

7.11 Open Space Provision

7.11.1 The proposed development is in very close proximity to existing public open space off Greenway Road (the ‘Greenway Road Playing Field’). It is proposed to enhance this open space and it is intended that this open space will serve the development. It is within walking distance (400 metres) of all of the housing proposed as part of the application and the housing and employment proposed will ensure that the open space is overlooked, providing surveillance and security.

7.11.2 Smaller areas of open space will be provided within the application site as part

of the proposed development in addition, private amenity space will be provided, with the proposed houses having gardens and apartments being served by areas of communal amenity space adjacent to the apartment buildings.

8. Publicity 8.1 The application was advertised by press and several site notices as well as letters to

neighbouring occupiers. 8.2 An objection to the planning application has been received from Lawrence Hogg who

is a canal enthusiast. The main objection is the loss of canalside features including a bridge and concern that proper recording and investigations are made of any original features still in situ.

9. Internal consultees 9.1 Planning Policy

9.1.1 Loss of employment Land

• The employment land review would satisfy the criteria set out in Policy B10 - Redevelopment of Business Land and Premises

• The Ashtenne Site, a group of industrial workshops/units, located on the north side of the canal accessed from Dudley Street is still 52% occupied. The applicant has not addressed relocating these businesses.

• Policy B10 states that in order for business land to be reallocated for other uses, it should not prejudice the operation of nearby existing businesses. therefore any noise levels or creation of dust should be satisfactorily mitigated against in line with Environmental Protection advice.

9.1.2 Housing Density, Capacity and Mix

• The proposal would exceed the target of net density of between 30-50 dwellings per hectare identified in UDP Policy H9 - Housing Density and Mix. Its location does not justify a density above 60 dph.

• The current proposal would result in 242 dwellings on a net developable area of 4.24ha (excluding open space) which represents a net density of 57dph. This would exceed other sites of similar size and location and granted permission which have lower densities.

• Any reserved matters scheme should provide an adequate mix of dwelling types and sizes. Therefore the maximum density should allow for this provision of more houses than flats and in the case of the amended scheme at 57dph, this should be considered as the maximum possible limit achievable on this site.

15

9.1.3 Open Space and Play Facilities

• The proposal must provide sufficient open space and play facilities to serve new residents under UDP Policy H8 - Open Space, Sport and Recreation Facility.

• Greenway Playing Fields within 400m walking distance of the development. There is some scope for improvements to the quality and facilities provided at Greenway Playing Fields and therefore it is acceptable for part of the provision to be met off-site.

9.1.4 On-site Recreational Open Space provision

• The amount of Recreational Open Space (ROS) provided would meet the minimum 0.75ha requirement of the Council. These areas should exclude the noise buffer on the east side of the site, which cannot contribute to the provision. Its design and shape could not be properly landscaped or used as open space.

• The canalside habitat south of the canal should be widened to incorporate public access otherwise it cannot contribute to ROS.

• The Greenway link, north of the canal linking to Bilston Urban Village is satisfactorily located but should be wider. Clarity is required whether this space is communal open space for flats fronting the canal.

9.1.5 Affordable Housing and Community Contribution

• Any planning approval would require 25% affordable housing as set out in UDP Policy H10 - Affordable Housing. The proposed mixed tenure includes private discounted housing for sale. This is not the usual format for affordable housing and requires further consideration.

• Given the size of the site a community service contribution will be required to subsidise provision of a new community centre on or near Greenway Playing Fields.

9.2 Environmental Services

9.2.1 Contaminated Land

• Prior to the commencement of the development a methodology for carrying out a site investigation for physical and chemical contamination and landfill gas shall be submitted for approval

9.2.2 Environmental Protection

Road Traffic Noise

• Noise levels from road traffic would (generally) fall into Noise Exposure Category B, of PPG24 - Planning and Noise. Properties fronting Dudley Street and Salop Street would be the most exposed to noise (falling into NEC C).

Noise from industrial and Commercial Premises

• The proposed 4.5m high acoustic barrier may not be sufficient to provide adequate acoustic attenuation (as well as providing a visual screen from activities) in addition to a glazing specification and internal layout.

• Properties to the north of the canal and east of NW Global Vending Ltd. will require adequate protection against noise. The Environmental Statement acknowledges the need to apply mitigation measures. However, the noise levels recorded are not conclusive and further clarification is required.

• a proposed barrier block and other residencies in Area C, south of the canal and opposite Stitchacre would at times be exposed to a high degree of noise. The internal layout (along with other mitigation measures) of properties in this location would mitigate against this effect.

16

Air Quality

• The ES does not recognise the impact of dust from the Stitchacre site onto proposed residential development.

• Clarification on matters relating to both air quality and noise are required. A statement proposing necessary mitigation measures (internal layout, acoustic barriers, acoustic glazing and acoustic ventilation) is required

9.3 Transportation

• No transportation objections in principle

• The area is well served by public transport. There may be scope for off-site improvements to bus stops

• The highest density housing should be located on the areas closest to the main metro route and bus service.

• No objection to access from Dudley Street and proposed signalised junction

• Access to plot D from Bankfield Road is acceptable

• The provision of 4 accesses off Greenway Road is considered unsafe and should be reduced to 2 with visibility and the relationship with other junctions demonstrated.

• Visibility at Greenway Road is poor particularly given increase in traffic volumes proposed.

• Possible conflict of vehicles and pedestrians using the Greenway, north of the Canal.

• Serious accidents in Highfields Road/Salop Street would be likely to require some off-site contribution to road safety and pedestrian facilities in the area.

• A Travel Plan is required and possibly Work Place Travel Plan for proposed industrial units depending on number of employees.

9.4 Parks and Contracts, Cultural Services

• Some form of safe crossing point/road calming measure should be considered for children crossing Greenway Road from the new development to greenway Playing Fields

• New buildings should overlook Greenway Playing Fields

• Dwellings on the corner of Greenway Road should 'turn the corner' of the street to encourage direct overlooking of the playing fields and encourage people to use the canal towpath

• The ROS proposed is inadequate and appears to be mainly communal areas. The ROS proposed on the north east boundary is not strategically located for residents to enjoy and the noise buffer would be unsatisfactory as ROS, which would need to be looked after by a management company or others.

• A minimum provision of 0.75ha is required with the remainder offsite open space contribution, primarily for the improvement of Greenway Playing Fields. Any approval would require a full off-site open space contribution through a S106 before development commences.

9.5 Housing Renewal

• A provision of 25% affordable housing is required through a S106 Agreement. 70% rental and 30% shared ownership

9.6 Access Officer

• Reasonable provision should be made within the boundary of the plots for disabled persons

• Full faced kerbs shall be included in the site and flush dropped kerbs at crossing points of roads

• Principal entrances should be level or ramped

• Business premises should be fully accessible for disabled

17

9.7 Trees

• Goat willows north of the Canal could be replaced with better specimens

• 3no, young copper beech trees on the east side of Bankfield Road where the industrial building as car park are proposed, should be retained and incorporated into a landscaping scheme

• The group of trees on the south side of Greenway Road are covered by a Preservation Order and should be protected prior to any work commencing, to prevent damage to roots.

9.8 Building Control – layout of the site should enable access for the fire service and

pedestrian access routes should not prevent usage by people with disabilities or childcare.

9.9 Nature Conservation - awaited 9.10 Conservation - awaited 9.11 Archaeology - awaited 9.12 Education - awaited 10. External consultees 10.1 Dudley MBC

• No objection to the proposal

• Loss of employment land has been justified in the Employment Land Review and proposed residential will help to meet housing needs throughout Wolverhampton and the Black Country

• Development should seek to protect areas of high ecological value in the design and layout

10.2 Walsall MBC

• Support the application in principle 10.3 British Waterways

• In principle British waterways welcome the proposal

• Access road and layout of vehicle/cars fronting canal must be re-considered.

• Further investigation of service bridge south of Glasshouse Bridge is required through archaeological recordings and excavation works

• Ensure the encouragement and protection of flora and fauna, particularly any protected species and water vole habitat

• Suggest improvements to existing towpaths, enhancement of Glasshouse Bridge, improved access to canal towpath onto Glasshouse Bridge and Banks Bridge and improved signage should be subject to a S106 agreement. this would include provision of a link via the canal towpath to nearby public transport network

10.4 Environment Agency

• No objection in principle subject to the following issues being resolved

• The EA objects to the proposal on the basis that information contained within the Flood Risk Assessment (FRA) is not satisfactory. A revised Flood Risk Assessment is now received and comments from the Environment Agency on the revisions are awaited.

• Flooding from the canal should be further investigated and appropriate mitigation measures considered.

• No definite conclusions are drawn in respect of proposed surface water drainage. this needs to be addressed more thoroughly

• Suggested condition: - if previously unidentified contamination is found,

18

amendment to the method statement detailing how this unsuspected contamination shall be dealt with, shall be submitted

10.5 National Grid

Proximity of the proposal to electrical and operational national gas transmission networks the risk is negligible

10.6 Natural England – no objection provided mitigation measures proposed are

implemented in full 10.7 Severn Trent water – no objections subject to conditions that drainage details are

submitted 10.8 Centro - awaited 10.9 West Midlands Police - awaited 10.10 Advantage West Midlands - awaited 10.11 Wildlife Trust for Birmingham and Black Country - awaited 10.12 Health and Safety Executive - awaited 10.12 Transco - awaited 11. Appraisal 11.1 The key issues to be considered are set out below: -

• The loss of employment land

• Transportation and Means of Access

• Housing Density and Mix

• Open space Provision

• Affordable Housing

• Layout

• Noise and Air Quality Issues

• Flood Risk Assessment

• Public Art

Loss of Employment Land 11.2 The land is identified in the UDP as a defined business area. Policy B10 sets out four

criteria, one of which must be met before land can be released from employment uses to other uses. The submitted employment land review would satisfy the criteria on more than one point. However, information is required on the reallocation of businesses still operating on the Ashtenne site. The agent will provide a tenancy schedule and management of occupancy statement to ensure that the existing businesses can be satisfactorily relocated.

Transportation and Means of Access

11.3 The development would result in increased traffic flows onto Greenway Road, which is currently used by commercial vehicles serving remaining industrial premises in Hatton Street and part of Greenway Road. This may result in a conflict and therefore careful consideration of highway matters is required.

11.4 The amended proposal received 5th June 2007 still proposes 4 accesses off

Greenway Road, although the status has changed to 2 main accesses and 2 secondary accesses. However, the location of the access opposite Hatton Street, which serves the industrial premises, is a cause for concern. The applicant has been requested to provide visibility details at the new junctions. These details are awaited.

11.5 Visibility at the junction of Greenway Road and Salop Street is poor and increased

traffic flows from the development could cause major traffic problems. The applicant is

19

in negotiations with highways in respect of a contribution to signalise this junction and as part of a road safety package. This would form part of the S106 agreement.

11.6 A Travel Plan and Workplace Travel Plan will be required as a condition of any

approval.

Housing Density and Mix 11.7 The site is located between Bilston Town Centre and Bradley residential district and

not very close to a metro stop or a major node on a good quality transport corridor. Therefore the proposed density of 57dph would exceed the target set by Policy H9, however, this would not be unacceptable.

11.8 The proposed housing mix would be 57%housing and 43% flats. This would be an

acceptable provision and the maximum density should not compromise the provision of more houses than flats.

Open Space Provision

11.9 A minimum of 0.75ha of good quality and accessible public open space is required for this development. The amended scheme would provide 0.75ha which would be located in the same areas as the first indicative layout but are now indicative areas with amounts that add up to meet our requirements. The area to the north east now excludes the acoustic bund from the ROS provision. This results in an area of useable open space. The greenway area has been widened and the linear canalside open space/habitat south of the canal has been widened to include public access. The applicant has been asked to increase this linear walkway to the Salop Street bridge to improve legibility and continuous access through the site to public transport networks

11.10 The proximity of the site to Greenway Playing Fields would allow for an off-site

contribution towards improvements to the quality and facilities of the playing fields. This should be included in a S106 agreement.

Affordable Housing

11.11 The proposal would be subject to the provision of 25% affordable housing in accordance with Policy H10 of the UDP. The proposal has offered 70 affordable homes based on the first submission of maximum 278 dwellings. The number of dwellings has reduced and is likely to reduce further. Therefore provided 25% of the maximum number of dwellings approved is agreed, this would be acceptable. The applicant has offered ‘discount housing’ as an element of the ‘affordable’ provision and this is under consideration. However 70% rented and 30% shared ownership is the preferred option and will be subject to the S106 Agreement.

Community Contribution

11.12 The size of the site requires a contribution to subsidise provision of new community facilities near the site. This would take the form of a sum to be secured through a S106 Agreement.

Layout

11.13 The scheme is in outline and under DCLG Circular 01/2006; any consent would approve a ‘maximum’ number of dwellings. The Local Planning Authority has to be satisfied that the maximum number of units can be accommodated within an acceptable layout form (indicative layout, only as this drawing is not approved).

11.14 Overall the first layout was considered poor and contrary to UDP Policies D1, D3, D4

and D6. The layout lacked clearly defined perimeter blocks, which leads to ill-defined spaces, poorly enclosed and defined streets, with confusion over fronts and backs, poor security and inadequate private amenity space. The apartment blocks fronting the canal in Area A and C would create a poor frontage onto the street. There would be no provision for private amenity space and blocks would be dominated by parking,

20

contrary to UDP Policy D5 - Public Realm. The amended scheme has addressed this issue in Area A and Area C and the layout is significantly improved.

11.15 The first layout provided a poor relationship between dwellings on the north side of

Area A and B facing north on the boundary with the Bilston Urban Village and would not respect the topography of the site with rear gardens and fences on this plateau would provide a weak vista when viewing the site from the Bilston Urban Village (BUV). The revised layout seeks to address this issue and has turned the buildings to overlook the BUV.

11.16 The revised scheme received on 14th June 2007 would now provide private rear

amenity space for apartments across the site and create a stronger sense of continuity and enclosure in the street. The applicant agreed to extend the linear footpath along the south side of the canal to allow access at the bridge at Salop Street. This detail was not included in the amended layout received on 14th June 2007 and is still awaited.

11.17 The layout submitted would still lack clearly defined fronts and backs and buildings

poorly defined with no enclosure onto the street in some areas. However as the scheme is indicative, it has provided an option of how the development can achieve the number of dwellings with satisfactory amenity space, parking and public open space. Therefore the proposed maximum 242 dwellings is considered to be acceptable.

Noise and Air Quality

11.18 The proximity of the apartments in area A to N W Global Vending and dwellings adjacent to and south of the canal overlooking Stitchacre on the north east side of the site has raised issues in terms of noise and dust and the likely effect on future occupiers. The mitigation measures proposed in the Environmental Impact Statement submitted did not satisfy conclusively that these issues could be overcome. Further information is required in the form of a statement proposing necessary mitigation measures. The applicant is currently discussing the issues with Environmental Health Officers. It is envisaged an update can be reported verbally to Committee indicating that any outstanding issues can be resolved.

Flood Risk Assessment

11.19 The Environment Agency was not satisfied that the submitted Flood Risk assessment investigated sufficiently flooding from the canal or appropriate method to deal with surface water drainage. Supplementary details have been submitted for both the canal flooding and surface water drainage. These are being considered by the Environment Agency and a verbal update will be given at Committee.

11.20 The investigations highlighted areas of chemical contamination within the site. as part

of mitigation measures the Environment Agency has requested to be informed on the treatment of the 'hotspots' and suggests a condition that if previously unidentified contamination is found, amendment to the method statement detailing how this unsuspected contamination shall be dealt with and submitted.

Public Art

11.21 The applicant states they are exploring potential forms of public art based on feedback from public consultation. Public art provision is required up to 1% of the construction costs of the development. Strong focal points would be expected in two or three locations to generate local identity and landmarks of local interest. This will form part of the S106 agreement.

21

12. Heads of Terms of the Section 106 Agreement 12.1 Highways and Transportation - requirement for the developer to procure or to make

a financial contribution towards off-site and on-site highway works; to improve road safety and signalised junctions and agree a timetable for their provision.

12.2 Recreational Open Space and Play Facilities - the developer to provide or fund the

provision of all open space by way of contributions to be agreed in due course (on and off site), to agree a timetable and a means by which the long term management of the recreational open space is to be secured.

12.3 Communal Space/Management Company - to provide for maintenance of communal

areas and public art 12.3(a) The bund and acoustic fencing to be removed as and when the adjoining source of

noise is removed. 12.4 Community Facility - the developer to provide a community service’s contribution in

accordance with an agreed formula based on the number of units finally approved. 12.5 Affordable Housing - requirement for the developer to provide 25% of the number of

units 12.6 Public Art - developer to fund a scheme of works of public art to the value of at least

1% of the construction costs of the whole site and agree a timetable for their provision 12.7 Canal Corridor Improvements - the developer to secure canal corridor improvements

and long term maintenance as the canal runs through the centre of the site or to provide a contribution to British Waterways to be agreed.

13 Recommendation:

• That delegated authority be given to the Director for Sustainable Communities to forward the application to the Secretary of State as a major departure from the Unitary Development Plan with a recommendation that outline consent be granted subject to (a) the conditions (b) the negotiation of Section 106 Agreement terms recommended once the additional information and other outstanding matters referred to under the various headings in this report, have been satisfactorily provided and resolved.

• The additional information and outstanding matters are: - 1. Satisfactory layout 2. Reduction of flood risk 3. Satisfactory location and number of vehicular accesses 4. Mitigation measures in respect of noise and air quality

• That subject to the Secretary of State indicating that he has no wish to intervene, delegated authority be granted to the Director in consultation with the chair to grant outline planning consent including means of access, once the Section 106 agreement has been entered into.

Subject to the following Conditions:

• Reserved matters to accord with Development Framework principles.

• Layout drawing indicative only.

• A scheme for satisfactory relocation of existing businesses in Ashtenne site.

• Standard outline conditions - approval of means of access with all other

22

matters reserved.

• Design and access statements to be submitted with layout and design reserved matters applications.

• The maximum number of dwellings approved is 242 on a net developable area of 4.24 hectares

• Recreational open space provision required before dwellings are occupied.

• No reclamation, earth or construction works outside the hours 0730 to 1830 hrs weekdays, 0730-1300 hrs Saturdays and no work at all on Sundays or Bank holidays without prior agreement.

• No floodlighting or security lighting during reclamation, earth works or construction without prior agreement.

• Should previously unidentified contamination be found, amendment to the method statement detailing how this unsuspected contamination shall be dealt with and submitted

• Prior to the commencement of the development a methodology for carrying out a site investigation for physical and chemical contamination and landfill gas shall be submitted for approval

• Final Report to verify that work to mine shafts and workings have been satisfactorily carried out

• Submission of drainage details incorporating sustainable drainage principles, which shall include investigations into feasibility of connecting to and utilising the system at Bilston Urban Village.

• The production of a detailed Travel Plan-further details awaited from highways

• The trees covered by a tree preservation order shall be protected prior to commencement on site

• The three copper beeches on the south side in Area D shall be retained and incorporated into a landscaping scheme

• Mitigation measures in respect of water voles, reptiles and invertebrates shall be implemented as submitted and/or in accordance with recommendations of Natural England

• Full Archaeological survey of whole of the site prior to commencement of works, and a specification for fieldwork drawn up as a project design to guide the mitigation work. To mitigate the impacts of the demolition of the industrial buildings, a suitable level of standing building recording will be agreed. The archaeological intervention required will be in the form of a watching brief on the groundwork’s during site remediation work.

• Agreement on a scheme of noise attenuation before any scheme commences

• Standard Landscape Condition

• Details of phasing across the development shall be submitted and agreed prior to development commencing

• No development to commence until a scheme for the disposal of foul water is agreed as part of a phasing agreement

• No building shall exceed 4 storeys in height

• Levels

• Construction Method Statement

• Site Waste Management Plans to be submitted with reserved matters

• Floor plans to be submitted with reserved matters

• Pedestrian links including canalside path not to be obstructed.

Case Officer : Jenny Davies Telephone No : 555608 Head of Development Control – Stephen Alexander

23

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Wolverhampton CC Licence No 100019537. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Planning Application No: 07/00458/OUT

Location Bankfield Works, Greenway Road,Bradley,Wolverhampton

Plan Scale (approx)

1:5000 National Grid Reference SJ 395366 295764

Plan Printed 18.06.2007 Application Site Area 57754m2

24


COMMITTEE REPORT: 1.0 Site Description 1.1 26 Ednam Road is a detached four bedroomed house. On the ground floor, it has a

lounge, kitchen, dining room, garage and a room that has been equipped as a small office. It is furnished and fitted throughout as a private house. There is a good sized garden at the rear. At the front there is a surfaced drive/parking area that could accommodate three or four cars.

2.0 Application Detail 2.1 This application is for a Certificate of Lawfulness under Section 192 of the Town and

Country Planning Act 1990, for a proposed use as a children’s care home. It is not a planning application for this proposed use. The purpose of the application is to establish whether or not this house can be used as a small care home without planning permission.

2.2 The applicant has provided the following information to support this application; (a) No physical alterations to the house are required. (b) A maximum of three children will live at the house at any one time. The length

of their stay will be long term depending on each child’s needs. The house will accommodate children of both sexes and all races between the age of 10 and 17. The types of children who will be residing will be those with personal home problems, and those needing accommodation where parents are unable to care for them due to health or social problems. The purpose of the home is to provide the children with as normal a family life as possible.

(c) The children will be assessed for the suitability of their placement. There will

be no emergency admissions as these could unsettle the home; admissions are well planned in advance after assessment. The home will seek to accommodate local children and work in partnership with local services to

APP NO: 07/00435/CPL WARD: Blakenhall

DATE: 20-Apr-07 TARGET DATE: 15-Jun-07


APP TYPE: Certificate Proposed Lawful Use/Dev

SITE: 26 Ednam Road, Blakenhall, Wolverhampton, West Midlands

PROPOSAL: Application for a certificate of proposed lawful use, to use property as a childrens care home

APPLICANT: Mrs S Kwenda 26 Ednam Road Goldthorn Park Wolverhampton WV4 5BW

AGENT: ADG Limited Trident House 17A Chapel Ash Wolverhampton WV3 0TZ

25

provide a better quality of life for children in need in this area. The children are referred by Social Services within the Black Country Consortium.

(d) The care provided will include skills training and life skills. The children will

have structured activities to occupy their time. At weekends the staff will facilitate home visits as per each child’s care plan. For children staying at the home activities will be in place to occupy their time. It is envisaged that the children will attend local schools, staff will accompany them to school and a people carrier type car will be used for this purpose. The children will be taken out on leisure trips and staff will arrange holidays for them.

(e) The applicant does not propose to live at the house. Supervision will be on a

24 hour, 2 shift basis; 8.00am - 8.00pm - 8.00am. Two support staff will attend 8.00am – 8.00pm with a manager,working 9.00am - 5.00pm Monday to Friday, who would be on 24 hour call. Two support staff will be at the house during night hours 8.00pm - 8.00am. The staff will look after the children and undertake all household duties.

(f) Each young person will have a care plan of needs and a review meeting will be

held with Social Services staff every six weeks initially. Once the child is settled the meetings will be every six months, each lasting approximately one hour. Child review meetings may take place at the home or at Social Services offices.

(g) The Manager and carers may have their own cars, normally up to three cars

could be regularly parked in the driveway. 3.0 Planning History 3.1 A previous similar application for a Certificate of Lawfulness for the use of this property

as a Children’s Care Home was refused in March 2007 because no information had then been provided about the previous use of the house. Therefore an assessment of the proposed use against the previous occupation could not be made and a Certificate could not be granted.

3.2 The following information is now provided by the Applicant; this house has always

been used as a family home and is currently occupied by the applicants, Mr and Mrs Kwenda and their two children of 14 and 17 years old. The Kwenda family have rented the property since September 2006, prior to this it was occupied by a single parent and two teenage boys and a teenage girl. They occupied the property from January until August 2006. Before the property became a rental property it was in continuous use as a family house.

4.0 Policy and Legislation 4.1 As this is an application for a Certificate of Lawfulness, the planning merits or demerits

of the proposal cannot be considered. Unitary Development Plan policies are not therefore a material consideration. The assessment is based on the facts of the case and planning law.

4.2 Town and Country Planning (Use Classes) Order 1987; Class C2 Residential Institutions includes use for the provision of residential

accommodation and care to people in need of care (other than a use within Class C3 Dwellinghouses).

26

Class C3 Dwellinghouses, includes use by not more than six residents living together as a single household (including a household where care is provided for residents).

4.3 The following extract is taken from the supporting Government Circular 03/2005 to the

Use Classes Order; Class C3: Dwellinghouses .............”the key element in the use of a dwellinghouse for

non-family purposes is the concept of single household. The single household concept will provide more certainty over the planning position of small group homes which play a major role in the Government’s community care policy which is aimed at enabling disabled and mentally disordered people to live as normal lives as possible in touch with the community. In the case of small residential care homes or nursing homes, staff and residents will probably not live as a single household and the use will therefore fall into the residential institutions (Class C2) Class, regardless of the size of the home”.

5.0 Publicity 5.1 There is no legal requirement to publicise an application for a Certificate of

Lawfulness. Government Circular 10/97 advises that any views on the planning merits of the case are not relevant.

5.2 However, in the interests of open government and in line with previous recent cases,

surrounding residents have been notified for replies by 18 May 2007. 56 responses have been received, including a petition of objections containing 418 signatures. Views are summarised as;

• Goldthorn Park is purely residential. Businesses are excluded within this area, due to restrictive covenants on the Title Deeds of properties. If this Certificate of Lawfulness is approved, 26 Ednam Road will be developed as a business.

• All recently approved care homes within Wolverhampton are found within mixed use areas. 26 Ednam Road differs from these properties as it is situated within a purely residential area.

• Recently granted applications for a number of care homes have been concentrated in this area of Wolverhampton. The three care homes granted Certificates of Lawfulness are all within a 1.5 mile radius of 26 Ednam Road. In addition a care home on Goldthorn Hill provides accommodation for 70 patients. A further concentration of care homes in this part of the City is unfair to residents.

• Considerable disturbance to residents will be caused by staff and the services provided to this proposed care home.

• There is no one living at the house at present and has not been for at least three months. Since the sale of the property in 2005 there have been many occupants and families living there at the same time.

• The proposed change of use will dramatically increase the usage of the property, e.g. three or four residents, day and night care staff, repeated visits by Social Workers and maintenance staff. This will cause disruption to the local environment. The application does not portray the true picture of the proposed use.

27

• One letter (not an objection) commented that persons making a door to door survey urging objection to the application were stating that it was for “a home for young offenders”. The writers believe this was a misrepresentation of the intended purpose.

6.0 Internal Consultations Children and Young People Services - from the information provided the premises

would meet the specification for a children’s home. This is one of a number of requests which will have an impact on City resources i.e. health, education etc. The City Council is currently developing its own residential homes for Wolverhampton children. It is doubtful if the City Council will place young people at 26 Ednam Road.

7.0 External Consultations West Midlands Police - No comments on this Certificate of Lawfulness. 8.0 Appraisal 8.1 The main considerations with this care home are; (a) Whether or not the proposal for a small Children’s Care Home is a change of

use from the existing use of 26 Ednam Road as a private house, and (b) If it is determined that there is a change of use from Class C3 dwellinghouses,

whether this change is material enough in planning terms to be considered as development requiring planning permission.

8.2 The (up to) 3 children would live at the house as their temporary home. The care staff

would not live with them “as a family” but would be essential to provide care and supervision. From advice in Circular 3/2005 and recent case law it is considered that this could not be regarded as a single household and the proposed use would therefore fall within Class C2: Residential Institutions.

8.3 The next question to determine is whether in the circumstances of this case this

change of use is material and therefore requires planning permission. The Planning Encyclopaedia advises that development is not involved merely because a new use would fall within a different class from the previous use. If there has not been a material change, the Use Classes Order is irrelevant.

8.4 Details have now been provided as to the previous residential uses at this house. It is

necessary to consider whether or not the proposal would be of a materially different character. This would depend on the detailed management of the house, the numbers of children and staff and their impact on the external residential environment.

8.5 The home would be for up to three children, with three staff during the day and two at

night. This increase in numbers of adults and children at the house is not considered to be so significantly different from the four people previously or currently living here.

8.6 Management of the house is clearly somewhat different from a normal family house.

However, the aim appears to be to create a care environment inside the house which would be as close as possible to a family environment. Anti-social behaviour by the children or their friends would be capable of affecting amenity of local residents if realised on a significant scale. Scope for such problems would depend on the quality of the management of the home. Having regard to the extent of staff presence on a 24

28

hour basis and the small scale (three children) of the home, it is considered unlikely that such incidents would materially change the local living environment by comparison with occupation by a family.

8.7 The comings and goings of staff, visitors, social work professionals etc. needs to be

considered. At shift change times of 8.00am and 8.00pm care staff would arrive and depart. This may be more than a “normal” residential pattern and would continue seven days a week. No details have been provided as to former car ownership and use at this house. However, it would not be unusual, in normal residential use, for two adults to regularly leave for work in the morning and return at night, Monday to Friday. The regular parking of three cars at this house would not be regarded as out of the ordinary in this locality or at this house if it had been a family house.

8.8 Visits by social work professionals may take place and the applicant had indicated the

frequency that this might be expected. Such meetings may also take place at other premises. Other comings and goings by the staff - shopping and school journeys, trips out at the weekend and visits by other residential service providers would not be expected to be any greater than for a normal household of five or six people.

8.9 In terms of impact on surrounding properties it would appear that there will be some

difference in the comings and goings associated with a small care home compared with its use as a private house. However, it is not considered that these vehicle and person movements would be so different or significantly greater as to be materially different in planning terms than the vehicle and person movements that would have been attracted to this house in the recent past.

8.10 Comments by respondents about covenant restrictions on houses in Goldthorn Park to

prevent their use as businesses is not relevant to these considerations. 8.11 One respondent questioned the statements in the applicants submission about

previous recent occupation of this house. When the planning officer visited in January 2007 it appeared to be in use as a family house. Planning law in relation to Certificates of Lawfulness states that it is an offence to make statements which are false or misleading in a material way. Certificates can be revoked by a Local Planning Authority if this situation occurs.

9.0 Recommendation 9.1 That a Certificate of Lawfulness be granted for a Children’s Care Home at 26 Ednam

Road, subject to the following limitations; (a) A maximum of three children between the ages of 10 and 17 to live at the

house. (b) 24 hour shift change times for care staff to be 8.00am and 8.00pm. (c) During the hours 8.00am - 8.00pm a maximum of two support staff to work at

the house. During the hours 9.00am - 5.00pm Monday to Friday one Manager also to work at the house. During the hours 8.00pm to 8.00am a maximum of two support staff to work at the house.

(d) A maximum of three cars to be parked within the curtilage of the house at any one time. Case Officer : Ken Harrop Telephone No : 550141 Head of Development Control – Stephen Alexander

29


Planning Application No: 07/00435/CPL

Location 26 Ednam Road, Blakenhall,Wolverhampton,West Midlands

Plan Scale (approx)

1:1250 National Grid Reference SJ 391260 296398


30


COMMITTEE REPORT: 1. Site Description 1.1 The application site is a rectangular shaped residential property located on the east

side of Park Hall Road. The land is generally flat. The site comprises a semidetached property set back from the road which is constructed of buff coloured brick and concrete tile roof. The side boundary is exposed and is adjacent to a public footpath onto Wolverhampton Road East, and gives the appearance of a corner location. The pair of houses are set back from properties to the north and in line with properties to the south.

2. Application details 2.1 An approved application 06/01522/FUL for a two storey side and single storey rear

extension has now been constructed. However, a forward extension in line with the front porch and an enlarged canopy has been constructed without consent. This application seeks consent for the retrospective part of the application which is the forward extension and larger canopy.

2.2 The front extension would project 1.05m from the front of the house in line with the

approved porch. The canopy extends either side of the main entrance and the submitted drawing indicates the canopy projects 750mm. However, the canopy constructed on site is 1350mm. It is understood that following approval, the applicant will remove the 1350mm element of the canopy and replace it with a 750mm canopy. The submitted drawings indicate a supporting bracket, but this was not in place at the time of the site visit, it was temporarily supported by a metal scaffolding pole.

3. Planning History and Background 3.1 The proposal is retrospective in part. Planning permission was granted for a two

storey side extension to the north face of the dwelling. (06/01522/FUL). The extension

APP NO: 07/00722/RP WARD: Blakenhall

DATE: 21-May-07 TARGET DATE: 16-Jul-07


APP TYPE: Retrospective Planning Permission

SITE: 37 Park Hall Road, Blakenhall, Wolverhampton, West Midlands

PROPOSAL: Retrospective - Front extension, canopy and ground floor side extension.

APPLICANT: Mr Nirmal Singh 37 Park Hall Road Goldthorn Park Wolverhampton WV4 5DU

AGENT: Mr. J. K Kalsi 2 Coalway Road Penn Wolverhampton West Midlands WV3 7LR

31

has been constructed however; a forward extension has been added and front canopy extending across the front of the dwelling.

4. Constraints

Landfill Gas Zones

Coal Mining Area 5. Relevant policies 5.1 D1 - Design Quality

D4 - Urban Grain

D8 - Scale - Massing

D9 - Appearance 5.2 SPG4 - Extension to Houses 6. Neighbour notification and representations 6.1 Neighbour letters were sent and expire on 14th June 2007. 6.2 A letter of objection has been received from Mr and Mrs R J Simmons of 39 Park Hall

Road. Their main objection is the large projection and location of the canopy on the common boundary, which affects the line of vision and results in loss of light to the front lounge.

7. Internal consultees 7.1 Environmental Health – Landfill Gas notified. No comments received at time of writing

report. 8. Appraisal 8.1 The proposed forward extension would extend beyond the front of the house in line

with the approved porch, which would be forward of the established building line south of the application site in Park Hall Road. The submitted drawing indicates that the canopy would project 750mm which is within the guidelines of Supplementary Planning Guidance 4 - Extensions to Houses. However, the canopy on site is 1350mm, which exceeds the guidance and would result in an unacceptable feature, resulting in loss of outlook and light to the neighbours property at 39 Park Hall Road.

8.2 The agent has clarified that the canopy on site will be removed and a new canopy

projecting 750mm and indicated in the submitted drawings, will be constructed. 8.2 There are many examples of front additions to the properties in the vicinity. These

include porches, canopies and forward projecting garages. The properties to the north which are situated forward of the application site reduce any impact of the front projection and therefore the proposal would not appear as an incongruous feature or appear out of place in the existing streetscape.

32

9. Conclusion 9.1 The development proposed in this application is considered to be acceptable. The

proposed front extension and canopy extending 750mm would not adversely affect the neighbour’s amenity.

9.2 The unauthorised canopy that has been constructed adversely affects the immediate

outlook from the neighbour’s front window and reduces the light to that window. Due to the harm to the neighbour’s amenities it is considered expedient to seek authorisation for enforcement proceedings in case the unauthorised canopy is not removed.

10. Recommendation: (1) Grant Permission (standard conditions) (2) Authorise enforcement proceedings under Section 172 of the Town and Country

Planning Act 1990, to secure the removal of the unauthorised canopy and in the event of non-compliance with the enforcement notice to authorise prosecution under Section 179 of the above Act.

Case Officer : Jenny Davies Telephone No : 5556608 Head of Development Control – Stephen Alexander

33


Planning Application No: 07/00722/RP

Location 37 Park Hall Road, Blakenhall,Wolverhampton,West Midlands

Plan Scale (approx)

1:1250 National Grid Reference sj 391964 296140


34


COMMITTEE REPORT: 1 Site Description 1.1 The site consists of the former Fifth Avenue Council Depot. Access is off Fifth Avenue

between two existing houses, numbers 20 & 26. To the north is Our Lady and St Chad’s School. This contains a Grade II* Listed Building. To the north-west is the Marist Centre, which is located within the school site. To the east is a Council run children’s resource centre. The other boundaries are onto gardens of neighbouring houses. The majority of the residential accommodation in the area is two storey houses. The depot contains a 15 metre high telecommunications mast located close to the northern boundary with the adjacent school. A large number of mature trees, protected by a TPO, within the school site overhang the boundary into the depot site. The boundary to the site consists of unattractive palisade fencing.

2 Application details 2.1 The applicant proposes a residential development of 22 dwellings. These would be a

mixture of 2/3 storey detached and semi-detached houses, 12 with 3 bedrooms and 10 with 2 bedrooms.

2.2 The site would be accessed via a small central road, between numbers 20-26 Fifth

Avenue, this road would then branch east-west across the site. Most of the parking provision would be accommodated in-curtilage, although there would be a small lay-by to provide some overspill spaces.

2.3 The form of the properties would largely have a north-south orientation and run east-

west across the site, parallel to those existing properties on Fifth Avenue. However, at the flanks of the site a few properties would be orientated east-west and face into the development thus aiding the enclosure of the new cul-de-sac. Each property would have a private front garden and private rear garden at least 11m long.

APP NO: 07/00007/FUL WARD: Bushbury South And Low Hill

DATE: 02-Apr-07 TARGET DATE: 02-Jul-07


APP TYPE: Full Application

SITE: WMBC Training Centre, Fifth Avenue, Low Hill, Wolverhampton

PROPOSAL: Demolition of Depot and erection of 23No. dwellings, roads, sewers and associated works.

APPLICANT: Revelan Group Quadrant West 210/222 Hagley Road Oldbury West Midlands B68 0NP

AGENT: Martin Benke Architectural Services 27a Kelmarsh Road Clipston Market Harborough Leicestershire

35

2.4 The application is accompanied by a Design & Access Statement. 2.5 The application follows pre-application discussions about the proposal. 3 Relevant policies 3.1 UDP Policies: D1 – Design Quality D3 – Urban Structure D4 – Urban Grain D5 – Public Realm D6 – Townscape & Landscape D7 – Scale : Height D8 – Scale : Massing D9 – Appearance D10 – Community Safety D11 – Access for People for Disabilities D13 – Sustainable Development D14 – Provision of Public Art HE1 – Preservation of Local Character and Distinctiveness HE13 – Development Affecting a Listed Building B10 – Redevelopment of Business Land and Premises H6 – Design of Housing Development H8 – Open Space, Sport and Recreation Requirements for New Housing

Developments H9 – Housing Density & Mix AM12 – Parking and Service Provision AM15 – Road Safety and Personal Security 3.2 Supplementary Planning Guidance Note 3 “Residential Development”. 4 Publicity and Neighbour notification 4.1 The application was publicised by press and site notice. Direct notification was sent to

neighbouring occupiers. No letters of objection have been received. 5 Internal Consultees 5.1 Conservation – The development will offer a much improved outlook from the listed

building. The boundary between the listed building and the new development will however be very important.

5.2 Building Regulations – Access for fire appears acceptable. 5.3 Trees – No objections. However, there may be some conflict from plots 9 & 10, which

are adjacent to tall mature trees. Therefore during construction, protection measures should be put in place to restrict any potential damage.

5.4 Policy – The principle of residential use of this site is already established through a

previous planning permission. The density and type of dwellings provide are appropriate to this location. The site is subject to an open space contribution which amounts to £110, 781. The amenity space opposite the common access road is not considered useable open space.

36

5.5 Transport – No principle objections to the scheme. Autotrack drawings showing the

manoeuvrability of refuse vehicles within the scheme have been supplied and are being assessed.

5.6 Environmental Services – Previous use of the land may have led to unacceptable

levels of contamination. Therefore a methodology for carrying out a site investigation shall be submitted to and approved by the Local Planning authority. Any necessary remedial works should be by implemented in accordance with a timetable agreed with the Local Planning Authority.

5.7 All habitable rooms facing Our Lady and St Chad’s school should be fitted with

standard thermal double glazing to offer some protection against potential sources of noise disturbance from the school.

5.8 Construction hours, including associated vehicle movements to or from the site are

restricted to 0800 to 1800 Monday to Friday and 0800 to 1300 Saturday, and at no time on Sundays or Bank and Public Holidays.

6 External Consultees 6.1 Severn Trent Water – No objection to the proposed subject to the inclusion standard

drainage condition. 6.2 Police – No objections to development. There is good natural surveillance and each

parking place appears to be overlooked by at least one window of the property that it serves. Each of the rear gardens appears to back onto other rear gardens or other secure areas which would keep them secure.

7 Appraisal 7.1 The key issues in determining this application are as follows:

• The loss of the employment provided by the depot

• Layout & Design

• Residential Amenities

• Open space requirements Loss of Council Depot. 7.2 The facilities formerly provided by the Council depot have now been transferred

elsewhere. The site is now vacant with no activity taking place. The site benefits from an extant outline planning permission for residential or care home use (05/2068). Given the surrounding mostly residential context it is considered that it would be unreasonable to require the site to be maintained as employment land.

Layout 7.3 Access to the site is limited to the existing access from Fifth Avenue. This runs

between two existing dwellings. At present the boundaries to these dwellings is relatively open and is formed by an unattractive palisade fence. It is essential that the boundaries to dwellings on either side of the access road are properly secured by the construction of a solid brick wall to maintain privacy. Details of the proposed treatment of other boundaries within the application site are to be finalised but it is important that these provide enclosure, defensible space, definition of the public and private realms and secure private amenity space, and are visually attractive.

37

7.4 The height of the surrounding buildings is two storey and the height of the new

development reflects this by being predominantly two storey. However, an element of three storey development has been provided in the central part of the site, away from the boundaries with adjoining houses. This is considered acceptable.

7.5 Regard has been given to the substantial trees within the school site which overhang

in part of the northern boundary. Residential Amenity 7.6 The proposed redevelopment will improve the general environment for surrounding

properties in that the current buildings are vacant and in a state of disrepair and will be replaced by an attractive set of buildings in a landscaping setting, in keeping with the surrounding.

7.7 The positioning of the dwellings respects the privacy, daylight and outlook from

adjacent dwellings as well as preserving the amenities of potential occupiers. 7.8 The private amenity areas are of a sufficient size to support the proposed properties. 7.9 Individually the plots address the need for privacy and private garden space between

the new and existing properties which will remain and all the new properties.

7.10 The orientation of habitable rooms provides overlooking of the public realm and allow the main living spaces to take advantage of southerly aspects in accordance with the Council’s UDP design policies.

Open space requirements 7.11 Although the area adjacent to the northern boundary is annotated “amenity space” on

the layout plan, it would be little more than a grass verge, overhung by the canopies of protected trees. Whilst this is a welcome strip of landscaping, it is considered that it does not qualify as useable Public Open Space.

7.12 Therefore, open space contributions as set out in policy H8 of the adopted UDP will be

required to offset the cost of providing additional recreational, sport and open space facilities within the borough. The figure required through S106 is £110, 781 subject to BCIS annual percentage increase in prices from 1st of March 2007.

8 Conclusion 8.1 The general principles and layout of the proposals are considered appropriate given

the surrounding context and help create a secure residential environment. The means of access and proposed parking levels are considered acceptable. Residential amenities in ter

Wolverhampton City Council OPEN DECISION ITEM ......WV1 2AW 40 07/00587/FUL Jones Skip Hire Culwick...

Documents

Transcript of Wolverhampton City Council OPEN DECISION ITEM ......WV1 2AW 40 07/00587/FUL Jones Skip Hire Culwick...