Agenda item

The Committee received a reserved matters application for the third housing phase (known as BDW3) including 210 dwellings with associated internal roads, car parking, landscaping, amenity and public open space. The reserved matters included access, appearance, landscaping, layout and scale and related partial discharge of conditions 8, 10, 14, 17, 18, 22, 25, 26, 28, 35, 40, 49, 58, 62, 66, and 69 pursuant to outline approval 07/0003/OUT

 

The Senior Planner updated their report by referring to the amendments contained within the Amendment Sheet summarised as follows:

-       A revised site wide plan and revised house type plan and elevations.

-       An additional condition number 27 to require the permanent retention of porches and private amenity space at the front of four properties fronting to the Orbital Cycle Route.

-       An amendment to condition 9 (plant noise insulation) to include the additional wording, viz ‘including for the avoidance of doubt air source heat pumps’.

-       An amendment to condition 23 (garages) to require details to be submitted and approved prior to the commencement of the dwelling to which they relate.

-       An amendment to condition 26 regarding bollard design and management to specify the three bollards to which the condition relates.

-       An amendment to the Officer recommendation relating to approval/refusal of outline planning conditions for BDW3 reserved matters parcel: at paragraph 24.2 of the Committee report under outline condition 49 Secure Parking of Bicycles the proposed Cycle Parking Plans are listed as DR_0126 Rev A and DR_0127 Rev A, these drawings were superseded and should be replaced by drawing numbers DR_0126 Rev B and DR_0127 Rev B.

 

The Committee received two representations in objection to the application. Written statements were read out on their behalf by the Committee Manager:

 

The representation from Windsor Road Residents’ Association covered the following issues:

      i.         Requested that conditions to secure the width of the

pedestrian/cycleway running northwest between Windsor Road and the primary road south of Central Park at no greater than 4.8 metres and to ensure that the active spaces and porches along the pedestrian/cycleway were preserved and unaltered.

Reason: to ensure that the route remained free of motor-traffic in perpetuity.

    ii.         Asked for condition 26 Bollard Design and Management to make specific reference to the folding bollards at the emergency crossing for fire trucks and to the permanent bollards at the junction of the pedestrian/cycleway with Windsor Road.

Reason: to ensure that the route remained free of motor-traffic.

   iii.         Requested the Committee was shown the relevant submitted drawings of the transition area between the pedestrian/cycleway and Windsor Road so that Highway Officers could explain how the colour-coding would relieve the conflict between pedestrians and cyclists travelling in both directions.

Reason: to ensure the safe passage of all at the transition.

  iv.         Commented that when the secondary school in Darwin Green 3 opened, Windsor Road Park may become an area where pupils gathered and asked if this had been considered in the design of the park.

Reason: to preserve the amenity for residents facing Windsor Road Park and for those using the pedestrian/cycleway.

    v.         Commented that small children could pose a hazard to themselves and cyclists if they ran from Local Area of Play (LAP) 01 across the diagonal cycle path (Drawing 2756-114). They may also be exposed to dogs and the dog excreta unless a method of keeping them separate was employed. Requested appropriate fencing or railings around the LAP.

Reason: Child and cyclist safety.

  vi.         Asked when the temporary pedestrian/cycle route would be constructed to comply with the S106 Agreement.

 

The representation from the resident of 12 Stratfield Close covered the following issues:

      i.         The current proposals caused a large intrusion on their privacy as they were the end homeowner on Stratfield Close. The consultations between the developer and the neighbourhood recognised there was an intrusion of privacy on residents facing onto this development. As a result, the allotments were introduced in the design stage to address the intrusion. This was their understanding since mid-2000's (sic) of the development’s design intention.

    ii.         The submitted detailed design plans clearly identified two wide fronted style houses across the rear of their garden which looked into their bedroom windows.  Felt this was a great intrusion on their living space both internally and externally and went against what was recognised as an issue at the time.

   iii.         Felt it was unreasonable to have site plans at such small scales as when the plans were downloaded everything was an unidentifiable blur.

  iv.         The Committee would consider the detailed massing and quality of design and felt due to the above infringement, the application was lacking.

    v.         Noted other house which had considerable length gardens were protected privacy wise by having the allotments. 12 Stratfield Close had the smallest depth of rear garden and yet had two houses overlooking it instead of the allotments as promised.

  vi.         Did not want the application to be approved and felt a simple redesign would mean the development would not extend across and overlook their property.

 

Chris Fry (Applicant’s Representative) addressed the Committee in support of the application.

 

The Senior Planner said the following in response to Members’ questions:

      i.         The layout and drainage features of the LAP 01 provided a safe space/area for children to play; additional information could be added to the informative. 

    ii.         The primary function of the gateway area between the Windsor Road park and the orbital cycle way was to provide a safe transition route for pedestrians and cyclists between the orbital cycle way and end of the public highway at Windsor Road. It would also provide a quiet landscaped amenity space for residents of dwellings facing the gateway area. The houses facing this area would provide natural surveillance. An additional condition could be added to address concerns around links through to tertiary streets either side of the park.

   iii.         Limited weight had been given to breach of compliance with Section 106 triggers for previous reserved matters applications on the site. Officers advise that the same level of limited weight should be given to breach of compliance in considering the current application. Monitoring and compliance with requirements within the Section 106 Agreement was considered to be a separate matter. Officers were pursuing this issue separately with the Applicant. An update would be provided to Members in due course.

  iv.         The approach for the whole of the Darwin Green development was that letterboxes would be accessible at the front of apartment buildings. Informative 6 could be amended to advise on accessible letterboxes to Secure By Design standards.

    v.         Service charges for the affordable housing units would be agreed with the Council as required by the Section 106 Agreement.

  vi.         The design/layout of the formal play area was not recommended for approval and will need to be resubmitted to discharge the planning condition. Members’ comments about protecting the area from cyclists and dogs can be taken into consideration in the redesign.  

 vii.         The layout of the allotments was not recommended for approval and will need to be resubmitted to discharge the planning condition. Members’ comments about spaces for communal events can be taken into consideration in the redesign.

viii.         Condition 20 removed permitted development rights for two storey extensions which would restrict development on first floor rooves and terraces, this meant if someone wanted to develop these areas a planning application would be required to permit any such proposed development.  

  ix.         Condition 27 could be amended to include the words ‘no more than’ in reference to the 4.8 metre wide cycle and pedestrian way, to ensure that this was the maximum width of the area to prevent cars being able to drive through.

    x.         The provision of 180 air source heat pumps was over and above the requirement within the outline planning permission. Measures would be put in place to make installation of air source heat pumps in the remaining 30 units easier in the future.  

  xi.         The Applicant’s responses to the Quality Panel’s comments were contained within Appendix 2. 

 xii.         A condition was included to secure EV charging provision for all houses and 50% EV charging provision for on-street parking provision.

xiii.         Conditions 19 and 20 could be amended to include specific plot numbers in the reasons for the conditions. 

xiv.         There were three car parking spaces (including one accessible parking space) provided at the entrance to the allotments, these would fall within the area of land which would be managed by the City Council. An Allotment Management Strategy would be developed to manage activity on the allotments. Toilets were proposed in the community building on the allotment land.

xv.         Fast EV charging points could be considered for future development parcels, but the EV charging points proposed were acceptable and consistent with other Darwin Green approved sites.

xvi.         The requirement for unadopted roads to be built to adoptable standard referred to the construction/materials the roads would be made of so that they could withstand large vehicular use and had limited need for repair. The County Council would only adopt roads built in accordance with their specifications and served more than five houses.

xvii.         Site wide strategic infrastructure for drainage had already been agreed. The Applicant had provided drainage information which the Lead Local Flood Authority were satisfied with.  If the drainage infrastructure was not built in accordance with the approved drainage scheme, then enforcement action could be considered. Officers recommended it would not be appropriate to apply further drainage conditions.

xviii.         An additional informative could be added about details of car club spaces being included in the Welcome Pack for new residents.

xix.         The design of the open space formed part of the outline permission - condition 10. An informative could be added to ensure appropriate boundary protection and that landscaping could facilitate skateboarding.

 

The Committee:

 

Unanimously resolved to grant the application for planning permission in accordance with the Officer recommendations set out paragraphs 24.1(i) and (ii) for the reasons set out in the Officer’s report, subject to:

      i.         the planning conditions set out in the Officer’s report as updated and amended within the Amendment Sheet;

    ii.         delegated authority to Officers, in consultation with the Chair and Vice Chair to draft and include the following:

a.    in relation to an additional condition 27 to include ‘no more than’ in reference to the 4.8 metre wide cycle and pedestrian way;

b.    amend conditions 19 and 20 to refer to specific existing residential properties in each condition reason;

c.    add a condition to restrict extensions to single storey in relation to those plots which relate to Windsor Road properties;

d.    add a condition to remove all permitted development rights from the closest plot to 12 Stratfield Close and

e.    add a condition requiring the amended plans include details for the Windsor Road Park area to address concerns with the links through to the tertiary streets either side of the park.

   iii.         Additional/ amended informatives be included on the planning permission in respect of:

a.    Additional informative advising details to be submitted under outline condition 10 for the Local Area of Play at the Formal Park to ensure appropriate boundary protection and to consider potential landscape provision for skateboarders;

b.    amendment to informative 6 to include reference to accessible letterbox designed to Secure By Design standard; and

c.    an additional informative relating to car club information being included in the Welcome Pack for new residents.

 

Unanimously resolved to approve/ refuse the partial discharge of conditions (planning application reference 07/0003/OUT) in relation to BDW3 parcel reserved matters application according to the recommendations for each condition set out in paragraph 24.2 of the Officer’s report subject to the amendment referred to in the Amendment Sheet at paragraph 24.2 relating to the secure parking of bicycles and the updated drawing reference numbers.