Leigh Ward
SOS/06/01242/FUL (Application for
full planning permission)
ERECT PART SEVEN, PART
EIGHT, PART NINE
AND PART TEN-STOREY BUILDING COMPRISING
COMMUNITY FACILITIES TO
GROUND AND PART OF
FIRST FLOOR, OFFICES
TO FIRST FLOOR
AND 24 FLATS ON UPPER
FLOORS WITH TERRACES,
LAY OUT CAR
PARKING SPACES, CYCLE STORAGE
AND REFUSE STORAGE
AT BASEMENT AND
LOWER BASEMENT LEVELS,
LAY OUT LANDSCAPING
AND AMENITY TERRACE AND
WIDEN VEHICULAR ACCESS
ONTO RECTORY GROVE
87 Rectory Grove, Leigh-on-Sea
New Town Builders Ltd trading as Beaumont
Homes Planware Ltd
1 The
Proposal
1.1 This is a full application for the redevelopment of this
recently cleared site with a contemporary development for a combination of community
use, offices and flats, as follows:
31 Resident’s parking spaces
(129%) and 16 non-residential parking spaces (community space (10), office (2),
short stay users (4))
On the ground floor will be a public foyer, reception, lobby, hall and
ancillary kitchen, together with a foyer and lobby for the residential part.
Also at this level will be external landscaped resident’s amenity space
(216m²), breakout areas for the hall, a courtyard and a bin collection area, a
plaza at the front with seating and public art, and the ramp down to the car
park, with widened vehicular access to Rectory Grove;
At first floor level are proposed two meeting rooms, with associated
lobby and office, and a large, flexible, office space;
The remaining floors comprise 24 flats –
2nd floor 4 x 2 bed, all with terraces (no views eastwards) and
also a screened amenity terrace to the east side, of 120m2;
3rd-6th floors 4 x 2 bed (total 16 x 2 bed), with
individual terraces as on 2nd floor;
7th floor 3 x 2 bed, with terraces, the rear flat having a large
southern terrace (approx 70m2);
8th & 9th floors 3 bed penthouse duplex, with 3 large south
facing terraces.
1.2 The
application is supported by a Design and Access Statement which identifies the
general principle of the development to
“…express a rich contextual understanding through an expressive form of
architecture; provide a well designed building of quality, a series of spaces
providing a mix of activity that forms a recognisable public space; provide a
community facility that is flexible, adaptable and functional; allow a holistic
approach, making a highly visible contribution to the quality and vitality of
an urban setting.”
1.4 A
planning statement has also been provided which notes: “It is intended that the
community facility will be gifted to a suitable body for a 99 year lease- this
will allow a non-profitable facility to be available to the community. The hall is 9% smaller than the original
hall – the reduction is due to more efficient use of space making for a more
useable long-term facility.”
1.5 A
travel plan/travel assessment has been included, which concludes that the
impact on the local highway network will be minimal, the development is
considered acceptable in terms of transport policy and road safety and that a
Travel Plan would be useful for residents, employees and visitors.
1.6 Other
documents that have been submitted to support the application include: a
massing study drawing showing the proposal in context; natural
daylight/shadowing studies; a drawing showing ‘cones of visibility’, showing
views out from St Clements Court to the east, and from the development; a site
stability report; and section drawings;.
2 Location and Description
2.1 This
is a cleared, vacant site previously the site of a community hall. The surrounding area is mainly commercial in
use, with a mix of shops, public buildings, car related uses, surgeries and
eating establishments to the west and east.
2.3 The
areas to the north and south comprise mainly dwellings, of differing styles,
ages and sizes, also with varying plot sizes. The flats at St Clements Court
and St Clements Court East (12 storeys) lie to the east of the site and are
substantial multi storey blocks, dominating the local skyline.
2.4 The
land slopes down, away from the site - gently to the north, whereas the
gradient of slope is considerably more marked to the south. As a result, the
gardens of properties to the rear (south) have steeply sloping rear gardens
abutting the rear boundary. Land locally is identified as unstable, although
records indicate the site itself is outside the unstable zone.
2.5 The
land to the south and to the east beyond St Clements Court East lies within the
Leigh Conservation Area, however the site itself is outside the conservation
area. The Leigh library, east of St Clements Court East, is a Grade II listed
building.
3 Development
Plan
3.1 ESRSP
Policies BE1 - Urban Intensification, BE2 - Mixed Use Developments, CS1 -
Achieving Sustainable Urban Regeneration, CS2 - Protecting the Natural and
Built Environment, CS3 - Encouraging Economic Success, CS4 - Sustainable New
Development, HC2 - Conservation Areas, H2 - Housing Development - The
Sequential Approach, H3 - Location of Residential Development, H4 - Development
Form of New Residential Developments, H5 - Affordable Housing, T6 - Walking and
Cycling, T12 - Vehicle Parking.
3.2 BLP
Policies C4 (Conservation Areas), C11 (New Buildings, Extensions and
Alterations), H5 (Residential Design
and Layout Considerations), H7 (The Formation of Self-Contained Flats), E3
(Secondary Offices), E5 (Non-Residential Uses Located Close to Housing), U2
(Pollution Control), U10 (Provision of Other Community Facilities), T8 (Traffic
Management and Highway Safety), T11 (Parking Standards), T13 (Cycling and
Walking)
3.3 Southend
on Sea Design and Townscape Guide (SPD).
3.4 Emerging Core Strategy
(DPD1).
4
Planning History
4.1 None relevant.
5
External Consultation
5.1
Essex
County Fire and Rescue – Additional water supplies for firefighting may be
required.
5.2
Southend
Airport – No material impact on operations
5.3
Leigh
Town Council – Oppose, contrary to Policy C11, not satisfactory relationship re
scale, form, massing, height, elevational design and materials. Too high and
dominant, too close to St Clements Court. Design dominates views from all
sides. Contrary to ESRSP BE1 and BLP H5, not respecting residential amenities
and character of area. Overlooks properties in rectory Grove, Broadway West,
and Leigh Park Road. Overshadows and causes loss of light. Contrary to T8 –
additional traffic in congested area, adversely affecting highway. Create
additional parking need. Concerns re subsidence and refuse collection/storage.
5.4
Environment
Agency – To be reported
6
Internal Consultation
6.1
Structural
engineer – no adverse observations at this stage - full structural calculations
required at b. regs stage
6.2 Highway
Comment – no objections. Care needs to be taken with design of car ramp wing
walls, to ensure that sight lines at back of footway are not obstructed.
Highway engineers would like to be involved in the development of the Travel
Plan. They consider the conclusions of the Transport Statement are reasonable.
6.3 Design comment – to be reported
6.4 Environmental Health comment – to
be reported
7
Publicity
7.1 Councillor
Crystall considers that the prominence of the application site and the scale of
development means that careful consideration should be given to the proposal by
the DC Committee in terms of impact on the skyline and conservation area, and
potential impact on neighbours and the character of the area in general.
7.2 Press
and site notice and neighbour notification – 4 letters of support, one from the
Leigh St. Clements Hall trust, who have a draft 99 year lease for the new
facility; 137 letters of objection on the following grounds:
·
Welcome
community hall and shared facilities
·
Cliffs
unstable
·
Loss
of light and sunlight
·
Impact
on character of conservation area from modern building
·
Extra
traffic – parking problems locally and road safety issues
·
Will
cause overlooking
·
Noise
nuisance from hall in evenings and from amenity terraces
·
Enough
halls locally
·
Loss
of privacy and outlook - too close to St Clements Court
·
Inadequate
parking
·
Question
need for offices
·
Doesn’t
give affordable family dwellings
·
Add
to overcrowded area
·
Infrastructure
unable to cope.
·
Building
overscaled and height not appropriate
·
Contravenes
Policies C4, C11, H5, T8 and ESRSP BE1
·
Loss
of public views
·
Will
dwarf adjacent building
·
Exit
will cause problems for westbound traffic and development will cause more
congestion
·
Not
a good relationship re: form, scale, massing, height, elevational design and
materials
·
External
materials not sympathetic with neighbouring development and will deteriorate
·
St
Clements Court and St Clements Court East should not be taken as precedent for
high blocks
·
Subsidence
concerns
·
Gradient
of garden on Leigh Park Road is steeper than shown
·
Noise
from cooling equipment
·
Building
acceptable but not here
·
Too
large for site
·
Too
many units
·
Fumes
from underground car park
·
Daylight
studies only cover 9am-3pm
·
Loss
of light to bowling club
·
Overdevelopment
·
Overwhelms
St Clements Court West
·
Will
have a claustrophobic effect
7.3 The
Leigh Society was not formally consulted because the site lies outside the
conservation area. However, they object for the following reasons - Building
interesting and innovative but of such scale, height and massing that impact
conservation interests and views from estuary and cause harm to setting of
Leigh. St Clements Court towers not precedent, detrimental to townscape and
amenity. Enough dwellings permitted
locally so no justification. Overdevelopment and materials will degenerate.
Will over-dominate and overshadow surrounding area
8
Appraisal
8.1
The
main issues to be considered here are:
·
The
principle of mixed use development;
·
Impact
on character and appearance of the locality and nearby Conservation Area
·
impact
on the nearby Listed Building;
·
The
design and visual impact of the proposal on the streetscene;
·
Impact
on residential amenities;
·
Highway,
parking, cycling and traffic/access issues;
·
Land
stability considerations;
·
The
need for provision of education and other community facilities;
·
Amenity
space and refuse storage provision;
·
Affordable
housing;
·
Consideration
of potential for development of adjoining site;
·
Other
issues raised by objectors.
8.2
The
mixed uses proposed include the offer of a community facility to accord with
Policy U10. With limited opportunities
locally for the re-provision of a community hall, the most appropriate option
seems to be to incorporate it into a wider scheme. The flexible spaces proposed would move the facility forward into
the C21st and the facility would serve the catchment area that the old hall
used to. With a user already on board, it is clear that there remains a need
for this kind of facility and that it is viable. The community space is smaller than the previous facility but
offers a much better facility, more likely to be used frequently. The ‘loss’ of 50m² of space is therefore not
considered to be fatal to this application, although technically contrary to
U10. The outside space would be
attractive and would extend the available space during better weather. The
office spaces proposed act as a good small business opportunity within this
commercial area, where the provision of new office space has been extremely limited
recently and the residential uses proposed do not conflict with policy
aims. Mixed uses are commended by
Central Government and a much more inclusive and sustainable option.
8.3
The
proposed uses that differ from what was previously on site are the offices and
residential. The community facility
would invariably be used more extensively than previously due to its modern and
flexible nature, but the site was unrestricted previously and could thus have
been used more widely – this aspect is therefore not considered to be
problematic. Offices are, by nature, low-noise-generators, falling usually
within class B1 which is a use class that is capable of being carried out
within residential areas. This is a
mostly commercial frontage, where residents will be aware of the general
activity during the day and night, and would have the option of not purchasing
a property there if they did not wish for such activity. The offices are close to the St Clements
Court flats but the use is not felt to be problematic in itself, subject to
appropriate conditions.
8.4
In
terms of the visual impact of the development, careful consideration must be
given to the prevailing character and appearance of the locality and it is
important that any development is contextual with its surroundings. The proposal involves the construction of a
substantial building, having a large footprint which takes up a high proportion
of the area available on this site of restricted size.
8.5
The
proposed building is unashamedly modern in its design approach and the
architecture, in itself, is not considered objectionable. The design is clearly different from
anything around it, and higher than all but St Clements Court East. With modern
architectural ideas, there are going to be increasing challenges on convention,
but it is important not to remain in the past with design, and sites such as
this, on the edge of the commercial area, with iconic pieces of architecture,
could be developed to set the benchmark for future similarly important sites
and should therefore not be dismissed out of hand. However, an important part of good design is taking account of
context and the spatial quality of an area.
8.6
In
this case, whilst the existing tall structures on the adjacent site are not
considered exceptional in terms of their architectural composition, they do
benefit from being appropriately spaced such that from most angles they are
‘read’ as separate entities. The
proposed development the subject of this application would be located in very
close proximity to St Clements Court and, as a result of its footprint and bulk
would not be seen as a separate standalone piece of architecture within its own
clear setting, rather it is considered it would add to the prominence of the
adjoining block and would dominate the skyline. Whilst this approach may be appropriate within a different
context, for example on the seafront, it is felt that despite the clear
attempts made by the architect to create a novel and interesting building, the
building would not sit will within its context and would be unduly visually
prominent, as the result of its bulk and scale, to the detriment of the
character and appearance of the surrounding area and to views into and out of
the adjacent conservation area. The
proposal is thereby contrary to policies BE1, CS2 and HC2 of the Essex and
Southend on Sea Replacement Structure Plan and to Policies C4 and C11 of the
Borough Local Plan.
8.7
The
proposed building lies some 80m to the west of the library and, whilst and it
would be possible for this listed building to be viewed with the proposal as
its partial backdrop in view of the existing tall buildings and the separation
distance it is not considered the setting of the listed building would be
compromised to such an extent that would warrant refusal of planning permission
in this instance.
8.8
The
impact of the building, in terms of residential amenity would be mainly limited
to the flats at St Clements Court to the east, and to the properties lying
directly to the south – 25 and 25a Leigh Park Road and, to a lesser extent, no.
23. Whilst the applicant has submitted
shadowing diagrams, it is clear that the erection of such a tall building in
such close proximity to existing dwellings would inevitably have some impact on
quality of life of residents. The test
that needs to be applied, therefore, is whether the development would result in
material harm to local residents to such a degree that would justify refusal of
planning permission on these grounds.
8.9
In
the western elevation of St Clements Court there are a number of windows
serving habitable rooms that directly face the development site. It is considered that the proximity of this
proposed very substantial (in terms of both height and bulk) building, which
would be located, in places, as little as 6 metres away from these windows
would have a materially deleterious impact on the occupiers of these flats, and
in particular those on the lower floors, by reason of loss of outlook and
direct sunlight, particularly during the evening hours. From the residential flats located at lower
levels the erection of such a tall building in close proximity would appear
overbearing and oppressive and result in material detriment to the amenities
enjoyed within these properties to such a degree that would justify refusal of
planning permission. The proposal is
thereby contrary to policies C11, H5 and BE1.
8.10
In
respect of the properties to the south, these are already overlooked to an
extent by St Clements Court. Whilst this does not mean it is acceptable to
overlook properties, the proposal can only be penalised if it adds
significantly to the existing situation. The applicant has undertaken a
comparative overlooking assessment of the proposal and St Clements Court. In
the main, due to the location of proposed windows, the potential overlooking
will be the same as that ‘view’ from St Clements Court although at a closer
distance. The majority of the overlooking potential is to the west, which
contains no immediately adjoining residential properties. The additional
overlooking would be of no. 25a and 27 Leigh Park Road but at a distance of 19m
minimum to the rear boundary with those properties and also across other land
(the bowling green). Whilst the proposed windows are admittedly close to the
site’s side boundary, the impact from this is therefore negligible regarding
residential amenity – the 7th floor upwards has reducing numbers of
windows facing southeast and thus decreasing amounts of potential for
overlooking. Using a benchmark of the old-style guidelines, windows at 6th
floor level would be allowed at 22.7m from the boundary with an adjoining
property. If you then bear in mind the significant slope in the land before the
Leigh Park Road properties proper, the minimum 12m length of the gardens on the
Leigh Park Road properties, the oblique angle at which the proposed windows are
in relation to those properties and the fact that those properties are already
overlooked, the impact is considered to be acceptable. It should also be borne
in mind that due to the slope of the gardens on Leigh Park Road, the area given
over to ‘amenity’ space is limited to that directly behind the houses – this is
more the location where amenities should be protected and is a significant
distance from the proposed building (30m). Tree planting on the rear and
southern half of the west side boundary could further mitigate against any loss
of amenity, if Members were minded to grant permission.
8.11
Traffic
impacts on residential amenities are felt to be acceptable. This is a vibrant
area during the day and evening and the roads are busy. Good provision is made
for parking for all three uses proposed, away from public view. Residential
amenities should not be jeopardised by traffic to and from the site.
Furthermore, as the site is in a sustainable position, with good access to
amenities, no further parking provision is necessary. Suitable cycle parking
facilities are proposed, adjacent to the lifts, to offset the reduced parking
numbers and assist in the goal of non-car-borne travel. Access to the site is acceptable
and there have been no objections from a highway point of view. The detailed
design of the car ramp wing walls, to ensure that sight lines at back of
footway are not obstructed, can be controlled by condition. The Travel Plan can
be worked up in consultation with the Council and its consultants and this can
be controlled by condition.
8.12
Land
stability issues have been satisfactorily resolved and can be further
controlled at the Building Regulations stage.
8.13
The
proposal will lead to families being able to be accommodated and, as such,
children will require places in local schools. If Members were minded to grant
permission, there would be a requirement to provide a suitable financial
contribution which could be dealt with under S106 of the Planning Act.
8.14
The
applicant has offered good public domain planting and outside space at the
front of the building which would benefit the community and the streetscene –
the details of this could be controlled by condition. Also offered is a
necessary public art feature in this important location. This could also be
secured by an agreement under Section 106 of the Planning Act if Members were
minded to approve this scheme.
8.15
Amenity
space provision for the flats is satisfactory, with large communal spaces and
also individual balconies. The site benefits from being close to Leigh Library
Gardens and Belton Hills, providing different types of recreation space within
easy walking distance. No further amenity space is therefore justified on site.
8.16
Refuse
storage is provided for in basement stores and via a collection area at ground
floor, within a suitable distance from the highway so that refuse collection
vehicles do not need to have access onto the site.
8.17
The
proposal is for 24 flats – this is one flat below the threshold used to require
affordable housing under the local plan policies. Whilst the Core Strategy is
intended to introduce a lower threshold, the strategy has yet to be adopted, so
carries only limited weight at this time.
8.18
Whilst
objectors have stated that there is a lack of infrastructure locally, such as
Doctors’ surgeries, nurseries, dentists, sewerage, etc. the policy basis to
require such contributions is in its infancy (BE5 of the ESRSP) and it should
be noted that a development of only 24 units would be unlikely to necessitate
significant additional investment in infrastructure.
8.19
It
is clear that this vacant site offers an opportunity for redevelopment that, if
properly planned and thought, out could benefit both the community and the
appearance of the locality. Whilst the
applicant has sought to provide an exciting new scheme for this site, it is
considered that the quantum of development, as evidenced by the bulk, form and
footprint of the building would be detrimental to the character and appearance
of the locality and would result in material harm to the amenities of existing
neighbouring properties.
9
Recommendation
Members are recommended to REFUSE
PLANNING PERMISSION for the following reasons:
01. The proposed development, by reason of
its footprint, bulk and massing and its proximity to existing tall buildings
would be unduly visually prominent within the area and detrimental to the
spatial quality, appearance and character of the locality. Furthermore, the proposal would neither
preserve nor enhance the character and appearance of the adjacent conservation
area. The proposal is thereby contrary
to policies CS2, BE1 and HC2 of the Essex and Southend on Sea Replacement
Structure Plan and to policies C4 and C11 of the Borough Local Plan.
02. The proximity of the development to the
eastern boundary of the site, when combined with the height and massing of the
building would result in material detriment to the occupiers of properties
within St Clements Court by reason of
being unduly oppressive and overbearing leading to a of loss of outlook from
habitable room windows, and by reason of overshadowing and loss of direct
sunlight, particularly during the late afternoon and evening hours. The proposal is thereby contrary to
policy BE1 of the Essex and Southend on Sea Replacement Structure Plan and to
policies H5 and C11 of the Borough Local Plan.
Background Papers
(i) Planning applications and supporting
documents and plans
(ii) Application worksheets and supporting
papers
(iii) Non-exempt contents of property files
(iv) Consultation and publicity responses
(v) Borough Local Plan
(vi) Relevant PPGs, DCPNs and Circulars
NB Other
letters and papers not taken into account in preparing this report but received
subsequently will be reported to the Committee either orally or in a
supplementary report.