Agenda item

Demolition of existing multi storey garage blocks and construction of 96no. independent living apartments with associated parking, amenity space and improvements to the parking and refuse collection for the existing build.

It was RESOLVED: That the application 22/00963/FPM be GRANTED planning permission subject to the conditions and reasons set out in the report and the applicant having first entered into a S106 legal agreement.

 

The Committee considered a report in respect of application 22/00963/FPM seeking the demolition of existing multi storey garage blocks and construction of 96 independent living apartments with associated parking, amenity space and improvements to the parking and refuse collection for the existing building.

 

The Senior Planning Officer introduced the application and informed Members that Brent Court formed one of the three tower blocks on Silam Road. The development would replace the existing garage compound with a 7-storey assisted living block of flats for over 50s. There would be a parking compound beneath the building and one and two bed apartments that were constructed for future adaptability. There would be communal lounges with an open terrace and garden, as well as a hobby room, staff locker and staff changing rooms. Each flat had a window in the kitchen which overlooked the internal corridors as developers found that residents liked to see into the corridors from their flats.

 

The Senior Planning Officer informed the Committee that one of the garage compounds had not been accessed since 2009 and there was informal car parking between the two garages. The proposed parking would include disabled parking spaces, spaces for 48 mobility scooters, and 96 cycle spaces. The lower level of the car park was available for Brent Court residents only. The overall building would be lower on Silam Road and was closer to the town centre gardens. There would also be solar panels on the roof.

 

The Chair invited Ms Viv Williams who spoke on behalf of Mr Paul Thompson, an objector, to address the Committee.

 

Ms Williams informed Members that parking had been an issue for Brent Court and less parking spaces would have a knock-on effect in the surrounding area. She believed this development would also cause congestion in Silam Road. She expressed concerns of noise and pollution having a negative impact on all Brent Court residents who would effectively be living on a building site. She explained that the existing Brent Court structure did not have air conditioning therefore many residents need their windows open which would be difficult during construction.

 

The Chair thanked Ms Williams for her contribution to the meeting.

 

The Chair then invited the Housing Development Representative to address the Committee.

 

The Housing Development Representative informed Members that there was no older person rented accommodation near the town centre. There was a high concentration of older residents living in 3-4 bed housing in Bedwell and the current housing stock is not appealing to them, so they don’t want to give up their homes and downsize. This development proposed to create 96 one and two bed apartments with parking for existing residents of Brent Court as well as the new development. He informed Members that there were 29 parking bays and 53 garages currently outside Brent Court, however only 19 residents rent these and the majority were used as storage. This proposal would deliver an extra 48 parking spaces for residents. The application also enhances safety of the town centre gardens which included a larger entrance designed to improve the safety for all residents.

 

The Chair thanked the Housing Development Representative for their contribution to the meeting.

 

The Senior Planning Officer informed Members that SBC had a loss of 72 older person living units and this application along with Walpole Court would create a net gain of 112 units. Additionally, this development would be on wholly previously developed brownfield land. The financial gain through the construction and use of town centre services from future residents would be a benefit. 24 of the units would be affordable housing and the rest would be on the market. She informed Members that the building would not be out of keeping with the area and the windows facing Brent Court would be smaller secondary windows to reduce overlooking. All apartments would be fitted with wet rooms and all levels would be fully wheelchair accessible.

 

This application would not provide biodiversity net gain and would require financial contribution and the offset could be provided along Grace Way. 25 trees would be lost however 45 would be planted and there would be a financial contribution per tree which was determined through Section 106. This development would also include a blue roof. The children’s play area in the town centre gardens would be temporarily lost due to the construction, however there was a financial sum incorporated to re-provide the children’s play area after construction. She reminded Members this was not part of the assessment to this application. She added that the ambulance service and HCC had requested financial contributions also.

 

Out of the current 103 garages that were located on the site, 52 were not accessible, 41 were let out but only 19 to residents of Brent Court. There were only 68 accessible spaces, 46 of which were used by Brent Court. The garage services had identified 30 vacant garage spaces close by which were available to use, and an alternative provision was likely to be easily accessible. In terms of parking spaces, Brent Court required 180 spaces but currently only had 130. The proposal would see 44 spaces dedicated for Brent Court residents only which is considered a betterment, which includes 21 spaces and 3 disabled spaces, as well as 16 spaces prior to commencement to ensure parking during construction. There were 222 cycle spaces across the site, which was an overprovision of 90 spaces, as well as accommodation for scooters. She noted that the hallway space and flats were wide enough for mobility scooters to be stored in flats as well.

 

HCC had raised concerns around the two access sites which would encourage car use, however this second access point would be for residents during construction but would be closed off when it was finished. It would still be accessible for emergency vehicles but not residents. They were still negotiating with a drainage consultant for a flood strategy. She added they needed a condition for trees as they did not want to overcrowd the town centre gardens with trees. There were ongoing negotiations on where the trees should be replanted.

 

A Member raised concerns around the high levels of anti-social behaviour in the area. The Senior Planning Officer advised that the development would hopefully change the anti-social behaviour by increasing the lighting and width of footpaths, as well as the removal of the garage blocks.

 

Another Member asked whether there had been communications with the residents of Brent Court, and it was advised that there was a public consultation held and all residents in Brent Court, as well as some in Silam Road, were notified. The Housing Development Service also held other consultations.

 

A Member asked a question concerning the garages and parking in the area. It was advised that the garages were under the Garage Management service. The new parking would only be accessible to the residents of the new building, and the lower-level parking was for Brent Court residents only. None of the new parking spaces could be rented under garage management.

 

A few Members highlighted concerns around the proximity of the buildings. It was advised that during construction, a construction management plan had to be submitted and approved by SBC and HCC before any construction could commence, however Members were reminded that planning permission could not be refused due to disruption from construction. Construction hours would also be included in this, but Environmental Health had designated these hours. It was also advised that the separation distance between the two buildings was 10.5m. The Development Manager advised that the developer had to keep a logbook and regular meetings with residents, who were told how to log complaints and would be reported to SBC. He also advised that construction hours were in Condition 4 and 7:30am-6pm Monday-Friday, 8am-1pm on Saturday, and there would be no works held on Sunday or Bank Holidays.

 

A few Members asked questions in relation to fire exits and the corridor space with scooters. It was advised that Building Control had to consult with Fire Officers to ensure adequate escape procedures. The scooters had a designated location in the car park, however the corridors and flats were big enough to accommodate them. The Assistant Director (Planning & Regulatory) also advised that the type of use of these flats had more stringent procedures in relation to fire safety. Additionally if SBC deemed scooters in the corridors unsafe then this could be restricted.

 

A Member asked for clarification on the blue roof. It was advised that a green roof meant there were plants on the roof. A blue roof was used to collect rainwater and drain it at a slower rate, so it acts as a flooding feature.

 

Another Member asked a question relating to biodiversity. The Senior Planning Officer advised that new legislation to make biodiversity mandatory would come into effect later in the year. There was not a 10% net gain on this site, however the developer was paying a fee to offset this.

 

It was RESOLVED: That the application 22/00963/FPM be GRANTED planning permission subject to the conditions and reasons set out in the report and the applicant having first entered into a S106 legal agreement.

 

Conditions:

 

General

 

1.    The development hereby permitted shall be carried out in accordance with the following approved plans: 18069su1.01; 18069SU1.02; 18069SU1.03; 18069SU1.04; 18069SU1.05; 18069WD2.029; 18069WD2.030; 18069WD2.031; 18069WD2.032; 18069WD2.033; 18069WD2.034; 18069WD2.040; 18069WD2.041; 18069WD2.063; 18069WD2.064; 18069WD2.065; 18069WD2.066; 18069WD2.067; 18069WD2.068; 18069WD2.069; 18069WD2.070; 18069WD2.081; 18069WD2.082; 46697B; 18069WD2.020-A; 18069WD2.023-A; 18069WD2.024-A; 18069WD2.025-A; 18069WD2.061-A; 18069WD2.062-A; 7552.PP.4.0-B; 7552.PP.4.1-B; 7552.PP.4.2-B; 7552.HSP.5.0-B;

 

2.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

3.    If, during development, contamination not previously identified is found to be present at the site, then no further development (unless otherwise agreed in writing by the Local Planning Authority) shall be carried out until the developer has submitted a remediation strategy detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.

 

4.    No site clearance or construction work relating to this permission shall be carried out except between the hours of 0730 and 1800 on Mondays to Fridays and between the hours of 0800 and 1300 on Saturdays, unless otherwise agreed in writing by the Local Planning Authority. These times apply to work which is audible at the site boundary.

 

5.    No external lighting shall be installed on the site other than in accordance with the Kingfisher Lighting Plan D46697/RD/B unless otherwise agreed in writing by the local planning authority.

 

6.    All areas of hedges, scrub or similar vegetation where birds may nest which are to be removed as part of the development, are to be cleared outside the bird-nesting season (March - August inclusive) or if clearance during the bird nesting season cannot be reasonably be avoided, a suitably qualified ecologist will check the areas to be removed immediately prior to clearance and advise whether nesting birds are present. If active nests are recorded, no vegetation clearance or other works that may disturb active nests shall proceed until all young have fledged the nest.

 

7.    The development hereby approved shall be constructed in accordance with the measures to address adaptation to climate change as laid out in the Design and Access Statement. These measures shall then be implemented and permanently maintained in accordance with the approved details.

 

Prior to Commencement

 

8.    No development shall take place (including demolition and site clearance) until a construction management plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved plan. The construction management plan shall include details of the following:

a.    Construction vehicle numbers, type, routing;

b.    Access arrangements to site;

c.    Traffic and pedestrian management requirements;

d.    Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

e.    Siting and details of wheel washing facilities;

f.     Cleaning of site entrances, site tracks and the adjacent public highway;

g.    Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times;

h.    Provision of sufficient on-site parking prior to commencement of construction activities;

i.      Post construction restoration/reinstatement of the working areas and temporary access to the public highway;

j.      Where works cannot be contained wholly within the site, a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements;

k.    A Site Waste Management Plan including mechanisms to deal with environmental impacts such as air quality and dust control measures, noise and vibration restriction measures, light and odour and predicted and latterly actual waste arisings and how this is to be managed and where it is sent to.

l.      Dust control measures during demolition and construction from plant and machinery, and vehicles.

 

9.    No development shall take place (including demolition and site clearance) until a Site Compound layout plan and associated landscaping strategy has been submitted to and approved in writing by the Local Planning Authority. This must include details of the trees which will be removed to facilitate the compound and a replacement planting and landscaping remediation strategy. Thereafter, the site compound will only be constructed in accordance with the approved plan with the land reinstated within 3 months from the date in which the compound has been removed following completion of the development.

 

10.No development shall take place (including site clearance) until a final detailed design for the drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority. The approved drainage scheme shall be implemented in full prior to the beneficial occupation of the development to which this permission relates and shall be permanently retained as such thereafter unless otherwise agreed in writing by the Local Planning Authority.

 

11.No development shall take place (including site clearance) until the access, internal road and surface car parking spaces shown on approved plan 18069wd2.025-A to serve the existing residents of Brent Court have been provided, marked out and hard surfaced ready for use and shall be retained in that form and kept available for those purposes thereafter. The hardstand areas shall be made of a porous material, or provision shall be made to direct surface water run-off water from the hardstanding to a permeable or porous area or surface within the curtilage of the building.

 

12.No development shall take place until a detailed Site Waste Management Plan (SWMP) to detail how waste materials generated as a result of the proposed demolition and/or construction methods shall be disposed of, and detail the level and type of soil to be imported to site as part of the development has been submitted to and approved in writing by the Local Planning Authority.

 

13.No development shall take place (including site clearance) until the tree protection measures as detailed in the Arboricultural Impact Assessment by Aspect Arboriculture dated October 2022, reference 10231_AIA.001 Rev B, have been implemented accordingly. The tree protection measures shall remain in place until the development has been completed. Within the tree protection areas to be fenced off in accordance with the AIA there shall be no alteration to the ground level and they shall be kept clear of vehicles, materials, surplus soil, temporary buildings, plant and machinery. Any trees identified as part of Condition 9 shall not be covered by this condition.

 

Prior to Work Above Slab Level

 

14.No development shall take place above slab level until samples of the materials to be used in the construction of the external surfaces development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

 

15.No development shall take place above slab level until a scheme for the provision of adequate water supplies and fire hydrants, necessary for firefighting purposes at the site, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the scheme has been implemented in accordance with the approved details.

 

16.No development shall take place above slab level before a scheme of landscaping which shall include details of both hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or the completion of the development whichever is the sooner. In regards to hard surfacing, this shall be carried out in accordance with any approved details within three months of the first occupation of the building or the completion of the development, whichever is the sooner.

 

Prior to Occupation/Completion

 

17.The parking, turning and servicing areas shown on drawing numbers 18069wd2.020-A; 18069wd2.061-A; and 18069wd2.062-A shall be provided, marked out and hard surfaced ready for use prior to the first occupation of the building and shall be retained in that form and kept available for those purposes thereafter. The hardstand areas shall be made of a porous material, or provision shall be made to direct surface water run-off water from the hardstanding to a permeable or porous area or surface within the curtilage of the building.

 

18.Prior to the first occupation of the dwellings hereby permitted the approved secure cycle parking areas shall be constructed in accordance with the details identified on drawing 18069wd2.081; 18069wd2.061-A; and 18069wd2.062-A and shall be permanently retained in that form.

 

19.Prior to the first occupation of the dwellings hereby permitted the general waste and recycle stores and plant areas associated with the development hereby permitted have been implemented in accordance with the details shown on approved plan 18069wd2.082; 18069wd2.061-A; and 18069wd2.062-A and retained and maintained accordingly for the lifetime of the development.

 

20.Notwithstanding the details shown in this application the treatment of all boundaries including details of any walls, fences, gates or other means of enclosure shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development hereby permitted. The approved boundary treatments shall be completed before the development is first occupied.

 

Post Occupation/Completion

 

21.The noise mitigation measures as detailed in the Acoustic Design Statement by AIRO Ltd dated 6 August 2021, reference DJB/7368, shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

 

22.On completion, the design of windows and ventilators to each dwelling shall achieve an acoustic performance which shall ensure that, when windows are closed and ventilators are open, noise levels do not exceed:

                                          i.    35 decibels (dB) (LAeq,16h) during the daytime (07:00 – 23:00) within bedrooms and living rooms;

                                        ii.    30dB (LAeq,16h) during the night (23:00 – 07:00) within bedrooms;

                                       iii.    45 dB (LAFmax) on more than ten occasions during any typical night (23:00 – 07:00) within bedrooms

Where mechanical purge ventilation is required to achieve the above standards with windows closed, this shall be designed so as to ensure that the ventilation system itself does not produce unacceptable levels of noise within each dwelling. All schemes for ventilation shall comply with the current edition of Approved Document F to the Building Regulations.

 

23.All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or the completion of the development whichever is the sooner.

 

24.Any trees or plants comprised within the scheme of landscaping, which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

 

25.No tree shown retained on the approved plans, or subsequently approved landscaping scheme, shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped within five years of the completion of development without the written approval of the Local Planning Authority.

 

26.Infiltration testing should be in accordance with BRE Digest 365 which should be carried out at the location of any infiltration measure(s). Where infiltration is not possible, evidence that approval has been sought from the relevant water authority should be provided for any connection into a public surface water sewer.

 

27.  Prior to the first occupation of the development hereby permitted, the southern access point shall be closed to prevent general access by members of the public or residents and shall be accessible only to emergency service vehicles.