Agenda item

To consider outline planning permission for the demolition of existing dwellinghouse and erection of an up to 76 bedroom care home (Use Class C2). Detailed design of access with appearance, landscaping, layout and scale as reserved matters.

It was RESOLVED that application 23/00107/OPM – 18 North Road, Stevenage, Herts be REFUSED for the following reasons:

1.    The proposed development, by reason of its scale and siting, would unduly deprive the occupants of 4 Daltry Road of natural light, resulting in dark, gloomy, and ultimately intolerable living conditions. The proposal is therefore contrary to Policy GD1 of the Stevenage Borough Local Plan 2019, the Council’s Design Guide SPD (2023) and the aims and objectives of chapter 12 of the NPPF 2023.

2.    The proposed development, by reason of its scale and siting, would cause excessive noise throughout the construction and operational phases, resulting in intolerable living conditions for the occupants of 4 Daltry Road. The proposal is therefore contrary to Policies GD1 and FP7 of the Stevenage Borough Local Plan 2019 and the aims and objectives of chapter 12 of the NPPF 2023.

3.    The applicant has failed to demonstrate that the proposed development would adequately deal with surface water runoff, which could result in increased flood risk to the site itself and elsewhere. The proposal is therefore contrary to Policies FP11 and SP2 of the Stevenage Borough Local Plan 2019 and the aims and objectives of chapter 14 of the NPPF 2023.

4.    The proposed development, by reason of the layout of the balcony and fenestration, and proximity to the shared boundary, would unduly deprive the occupants of 20 Daltry Road of privacy, resulting in unacceptable living conditions. The proposal is therefore contrary to Policy GD1 of the Stevenage Borough Local Plan 2019 and the aims and objectives of Chapter 12 of the NPPF 2023.

The Committee considered an application for outline planning permission for the demolition of existing dwellinghouse and erection of an up to 76 bedroom care home (Use Class C2); detailed design of access with appearance, landscaping, layout and scale as reserved matters.

The application was before the Planning and Development Committee as it was a major development.

The Principal Planning Officer advised that the main issues in the assessment of the application were:

·         The principle of the development;

·         Standard of accommodation;

·         Character and appearance of the area;

·         Impact on neighbouring amenities;

·         Parking;

·         Highway Safety;

·         Ecology, arboriculture and biodiversity;

·         Flood risk and drainage;

·         Climate change and sustainability;

·         Land contamination;

·         Developer obligations and CIL;

·         Other material considerations.

The Committee was advised that the application proposed the erection of a four storey, 76 bed care home on the site which was currently in use as a (vacant) single family dwelling. 19 trees were proposed to be felled with a 3:1 replacement planting scheme with a biodiversity net gain of 12.51% (on-site).

The Chair invited Mr Khan and Ms Clarke both objectors to the application to address the meeting.

Mr Khan advised that his property shared a 25m boundary with No 18 North Road.  He advised that along with the proposed development causing a loss of daylight and sunlight to his property there were a number of other flaws with the application.  The large patio sized windows and south facing balcony would increase noise levels and overlooking and privacy issues.  The BRE recommendations with regard to loss of light had not been adhered to.  Mr Khan advised that it was disappointing that the developer had not been concerned with the loss of light to the neighbouring properties.

Ms Clarke, Case Manager Community Without Walls, then addressed the Committee on behalf of her client who lived in an adapted property adjacent to 18 North Road and had severe and complex disabilities, requiring 24 hour care. The development would have a severe impact on her client’s health with the noise of the development, the noise of cars and visitors to the proposed care home and the reduction of light and overlooking to the adapted property.  She hoped that the Committee would take into consideration the impact the proposed development would have on her client if it were to be approved.

The Chair thanked both speakers for their contributions to the meeting.

The Principal Planning Officer then clarified to the Committee that in relation to loss of light, the 50% reduction in daylight referred to in Mr Khan’s address was actually a 50% reduction in vertical sky component. Officers were of the view that there would be significant harm caused to neighbouring premises with the loss of daylight and the impact of noise, in particular for the disabled resident in 4 Daltry Road.  In addition, Officers advised that as set out in detail in the officer report and addendum, there were unacceptable drainage proposals for the proposed development.

In response to a question, Officers advised that the Developer had engaged with the Council at the early stages of the application, however, when the situation became clear in respect of the impact on neighbouring properties the Developer advised that they would not be making any further changes to the application and had not had any further engagement with the Council.

Members expressed the view that any reasons for refusal should be as robust as possible, in view of the likelihood of the Council’s decision being appealed. Members asked Officers if the grounds for refusal could be strengthened, particularly in relation to overdevelopment.

In relation to the environment, a Member expressed concern regarding the application not being supported by an energy strategy and that no detailed measures had been put forward in terms of adaptation to climate change.  Also concerns had been raised by the Herts and Middlesex Wildlife Trust (HMWT) regarding bio-diversity net gain.  Officers advised that initially, the issue of biodiversity had been overcome but although comments had not yet been received from HMWT, Officers had reviewed the application and had formed the view that the application met the statutory tests in this area.

Officers advised that in relation to Energy, although no strategy had been put forward at this stage, this could have been picked up at reserved matters stage.

It was RESOLVED that application 23/00107/OPM – 18 North Road, Stevenage, Herts be REFUSED for the following reasons:

1.    The proposed development, by reason of its scale and siting, would unduly deprive the occupants of 4 Daltry Road of natural light, resulting in dark, gloomy, and ultimately intolerable living conditions. The proposal is therefore contrary to Policy GD1 of the Stevenage Borough Local Plan 2019, the Council’s Design Guide SPD (2023) and the aims and objectives of chapter 12 of the NPPF 2023.

2.    The proposed development, by reason of its scale and siting, would cause excessive noise throughout the construction and operational phases, resulting in intolerable living conditions for the occupants of 4 Daltry Road. The proposal is therefore contrary to Policies GD1 and FP7 of the Stevenage Borough Local Plan 2019 and the aims and objectives of chapter 12 of the NPPF 2023.

3.    The applicant has failed to demonstrate that the proposed development would adequately deal with surface water runoff, which could result in increased flood risk to the site itself and elsewhere. The proposal is therefore contrary to Policies FP11 and SP2 of the Stevenage Borough Local Plan 2019 and the aims and objectives of chapter 14 of the NPPF 2023.

4.    The proposed development, by reason of the layout of the balcony and fenestration, and proximity to the shared boundary, would unduly deprive the occupants of 20 Daltry Road of privacy, resulting in unacceptable living conditions. The proposal is therefore contrary to Policy GD1 of the Stevenage Borough Local Plan 2019 and the aims and objectives of Chapter 12 of the NPPF 2023.