Report to: PLANNING COMMITTEE Date of Meeting: 1st July 2020

Subject: DC/2019/00112 - Ulverscroft 8 Blundellsands Road East Crosby L23 8SQ

Proposal: Conversion of the existing dwellinghouse to 13 self contained apartments including a two storey extension to the side and single storey extensions to the garage/outbuilding to the rear with associated vehicular access, parking and landscaping.

Applicant: Mr. Jason Spencer Agent: Mr. Jonathan HunterHunter Haus

Ward: Blundellsands Ward Type: Full application - MAJOR

Summary The proposal seeks consent for the conversion of the existing dwellinghouse to 13 flats with a two-storey extension to the side and a single-storey extension to the rear along with widening of vehicle accesses on to Blundellsands Road East and Kenilworth Road. The main issues to consider in respect of this proposal are the principle of development, the impact on the character of the area and the impact on the living conditions of future occupiers and on neighbouring properties. Following a planning balance it is recommended that the application is approved with specified conditions.

Recommendation: Approve with Conditions

Case Officer Neil Mackie

Email planning.department@sefton.gov.uk

Telephone 0345 140 0845 (option 4)

Application documents and plans are available at:http://pa.sefton.gov.uk/online-applications/applicationDetails.do?activeTab=summary&keyVal=PLH30CNW07M00

Site Location Plan

The Site A large detached three-storey dwelling sited to the corner of Blundellsands Road East and Kenilworth Road within a Primarily Residential Area of Crosby. The primary vehicle access is to Blundellsands Road East with a secondary access on to Kenilworth Road. History None. ConsultationsEnvironmental Health

I have no objection in principle to this proposal. As the property is detached, and there is no direct noise transmission to other properties (such as if semi-detached), my comments do not need to take account the additional sound insulation which might be required to protect the amenity of an attached property.

Generally, the proposed layout is very good, and the existing structure may be such that the Building Regulation standards are comfortably exceeded. Requiring an enhancement by condition would not be justifiable in a stand-alone development.

I note the addition of a basement communal gymnasium which will be beneath an apartment as well as adjoining apartment 03. Although dependent on the type of gymnasium equipment proposed, it is very likely that there will be issues regarding noise and vibration from the gymnasium unless suitable mitigation measures are integrated into the development. This could encompass all building elements of the gymnasium, including walls, ceiling and floor. I would recommend the services of a company specializing in this type of development, to ensure the gymnasium can be used as intended.

The plans indicate a communal store and plant room adjoining the bedroom of apartment 01. This room may also have walls common with upper apartments which may permit flanking of noise and/or vibration. These comments are for guidance in order to ensure this development provides a good standard of accommodation for future occupiers.

Flooding And DrainageThe Lead Local Flood Authority has no objection to the proposed development.

Highways Development DesignThere are no objections in principle to the proposal as there are no highway safety implications.

It is proposed to provide 15 off-site car parking spaces 2 of which are disabled spaces for the new flats, which given the size and location of the development, with easy access to rail and bus networks, is acceptable. Secure cycle parking spaces and electric vehicle charging points will be required for the flats in accordance with Sefton's SPD 'Sustainable Travel and Development'.

Drawing number 18.030.pl02 shows that vehicles can move safely within the site and also highlights that pedestrian visibility has been taken into account.

The off street parking is accessed via existing vehicular crossings one in Blundellsands Road East serving 12 spaces and one in Kenilworth Road serving 3 spaces as per plan PL03. One access will be widened to 5.5m and one access widened to 4.5m which is acceptable.

The following conditions and informative will need to be added to any approval notice:H-2 - Widening 2 accessesH-7 - Cycle parkingI-1 ' AddressesI-2 - Highways

Network Rail London North Western (North)No comments.

Neighbour Representations Letters of objection from five properties on Kenilworth Road and Blundellsands Road East.

The properties above objected to the as-submitted proposal and following the receipt of amended plans four of the properties submitted objection letters (with one of the properties on Blundellsands Road East not providing additional comments).

As set out in a number of the letters the objections relate to the following matters:

Non-compliance with Sefton's Local Plan

Concerns that the proposal fails to adhere to the LP in respect of design, extent of development and impact on living conditions of neighbouring properties.Concerns that the reuse of the access on Kenilworth Road will be contrary to the LP policies relating to safe access and impacts on users of the highway

Overdevelopment of the site

The extension is too large for the host propertyThe extensions to the rear are too largeReference is drawn to the Croft, 10 Blundellsands Road East as a more sympathetic and appropriate developmentNo need or justification provided to develop to the rear of the site

Adverse impact to the character and amenity of the neighbourhood

The size, scale and materials of the development, even with amendments, are not in keeping with the original dwelling and the surrounding areaThe adjacent property should not be used as a benchmarkThe extensions give rise to overlooking of neighbouring propertiesWould give rise to a cluster of Houses in Multiple Occupation [note: this application is not for a HMO but for self-contained flats]

Use of secondary entrance from Kenilworth Road and impact on highway safety & amenity

Access has not been used for over twenty yearsKenilworth Road is incredibly busy and concern that sufficient visibility splays are not provided for cars to access this entrance or parking spaces as designed.Considers that further surveys/studies are required to fully assess the impacts of reintroducing this access.Potential safety concerns regarding access facing Sefton Suite and Medispa opposite the site on Kenilworth Road

Loss of Trees

Not taken into account by the applicant.Loss of a number of mature trees will be contrary to the character of the area

Inconsistent/Incomplete information relating to the planning application

Concerns as to statements made within the submitted Design & Access Statement (DAS)Do not agree with DAS assertion that the majority of similarly sized properties have been converted to flats/apartmentsExpressed surprise that a foul drainage assessment has not been carried outConcern regarding assumptions made by an architect regarding surface water disposal and/or discharge rates: this should be addressed prior to determinationDAS states no trees to be lost but this is likely to be incorrect: views of the Council's tree officer are welcomed.

Other Matters

Off-street car parking provision is inadequate for a development of 13 flats.Concerns that short-fall of on-site parking will exacerbate pressures on on-street car parking and/or lead to more cars causing hazards/obstructionsAbsence of a lift within the development for disabled occupancy/access.Existing problems with drainage in this area, which will be exacerbated by this proposal.

Policy ContextThe application site lies within an area designated as Primarily Residential in the Sefton Local Plan which was adopted by the Council in April 2017.

Assessment of the Proposal The main issues to consider in respect of this proposal are the principle of development, the impact on the character of the area, the living conditions to be provided to future occupiers, the impact on the living conditions of neighbouring properties and the impact on highway safety & amenity.

Principle of Development

Local Plan policy HC3 states that residential development will be permitted in residential areas where it is consistent with other policies. As this is a designated primarily residential area then the principle of development is supported subject to the assessment that follows.

Character of the Area

The extension and subdivision of the property to provide for self-contained flats is not an uncommon form of development within the immediate area, as seen to adjacent properties. Similarly the alteration from front gardens to providing areas for off-street parking is also not uncommon. The opening up & widening of the disused access onto Kenilworth Road is also not out of character for larger corner properties, as seen with the secondary access on to Abbotsford Road for the adjacent property at 2 Blundellsands Road East.

There were concerns regarding the visual impacts of the as-submitted extension to the property. It was considered that this would detract from the building and would also reflect poorly on the prevailing form of development within the immediate area. The agent for the application drew comparisons with that permitted and built at 2 Blundellsands Road East but it was considered that the neighbouring development was more successfully resolved (noting comments from objectors to this proposal who would not agree that it is good design).

After some discussions an updated proposal was submitted to the Council and subject to wider consultation and notification. The amendments to the extension now result in it responding positively to the street scene while also having regard to the scale, proportions and architectural details shown in the existing grand development.

For ease of comparison the front elevations of the scheme as submitted and as now to be considered are set out below:

As Submitted Front Elevation

As Amended Front Elevation

With respect to the alterations to the rear of the property, it is not uncommon for there to be coach houses and/or detached garages or other outbuildings to the rear of these grand dwellings and so the proposed extensions to the rear will not be contrary to the prevailing character of the area.

The comments made by objectors regarding over development of the site are noted but not agreed with.

In respect of this matter the proposal conforms to the aims & objectives of the Local Plan and all other material considerations including the National Planning Policy Framework and is therefore acceptable.

Living Conditions - Future Occupiers

Flat & Room Sizes

Apartment Number

Main Bedroom Size Meets Guidance?

Overall Size Meets Guidance?

Apt1 15.3m2 Yes 62m2 YesApt2 17.7m2 Yes 67m2 YesApt3 45m2 YesApt4 18.3m2 Yes 72m2 YesApt5 10.7m2 Yes 45m2 YesApt6 31m2 YesApt7 12.5m2 Yes 43m2 YesApt8 18.3m2 Yes 72m2 YesApt9 11.4m2 Yes 64m2 YesApt10 15.7m2 Yes 62m2 YesApt11 11.4m2 Yes 61m2 YesApt12 10.9m2 Yes 64m2 YesApt13 15.7m2 Yes 62m2 Yes

As is evident above, all the rooms exceed the minimum required by the Council's guidance with the habitable rooms being laid out in a regular usable function, with the combined kitchen/living rooms being much greater than the minimum that the Council used to seek.

It is therefore considered that on this point the proposal is acceptable.

Outlook & Overshadowing

All of the flats save for the basement studio flat (Apt3) have good outlook from all habitable room windows. The basement studio flat, Apt3, will be constrained due to the extent and proximity of the single-storey extension to the rear.

The windows to this basement studio flat have been arranged and orientated in such a way as to look beyond the front of the extension, but as measured from a straight line they do not meet the 12m respite required to avoid a poor outlook. The single-storey extension is also likely to give rise to some overshadowing to this studio flat albeit the applicant has sought to address this by providing two high-level windows to the west elevation.

While it is clear that the applicant has sought to remedy the constraints on outlook and impacts on overshadowing, the basement studio flat will not fully comply with the Council's guidance. This will have to be considered as part of the planning balance.

Private Outdoor Amenity Space

A sufficient amount of private outdoor amenity space, both hard and soft landscaping, has been provided for this development to exceed the 20m2 per flat that is required.

As scaled from the plans, and omitting the three parcels to the front of the building (one of which adjacent to the car parking area could be secured for private use) the total amount of private outdoor amenity space is 280m2, which is 20m2 in excess of that required as a minimum by the Council’s guidance. This includes hard landscaping and circulation space at the rear, but given the overall size and width of the area with a raised planter it is likely to provide areas for occupiers to sit outside and relax, with the planter acting as a separation for different users.

Noise & Disturbance

As highlighted by the Council’s Environmental Health Officers (EHO) there is the potential for communal spaces to give rise to harm through noise & disturbance to adjoining flats. So as to address this a condition requiring a scheme of acoustic attenuation will be required, and this can be secured by a condition attached to any approval. In other aspects, as highlighted in the EHO comments, the matter of noise transference between properties and floors is likely to be picked up through the requirements of Approved Documents for building regulations approval. It is not necessary therefore to duplicate those controls within the planning function.

Conclusion

Subject to conditions relation to the layout of the outdoor areas along with enhanced acoustic attenuation where necessary the proposal provides for sufficient living conditions for all but one of the flats.

The basement accommodation for the studio marked as Apt3 on the submitted plans will have a constrained outlook from the clear glazed windows to the rear elevation and is likely to be overshadowed to a degree by the single-storey extension. This shortfall will be considered as part of the planning balance

Living Conditions - Neighbouring Properties

Kenilworth Road

Concern has been raised by objectors as to the potential for the development to cause harm through overlooking and a subsequent loss of privacy to existing occupiers of neighbouring residential properties.

The proposal will give rise to no more overlooking than to the side windows at Number 2 Kenilworth Road than would exist at present, as the main building is to be largely unchanged in respect of the number and arrangement of habitable room windows. While there is likely to be an increase in the number of occupiers to the building this alone would not give rise to an increase in overlooking or loss of privacy to a mixture of clear and obscurely glazed windows to the side elevation.

In respect of overlooking the rear garden to Number 2, as scaled from the submitted landscape drawings the ground-floor windows to the rear elevation of the proposed extension will be over 14m from the side boundary to the garden of Number 2, thereby exceeding the minimum 10.5m distance as set out in the Council's guidance. This distance increases to the first and second-floors of the extension as they do not benefit from bay windows. On this point therefore the proposal is acceptable.

The area of car parking access off Kenilworth Road is positioned away from the shared boundary with Number 2, though the access and manoeuvring space lies adjacent to this. The siting of the car parking has shown consideration to the impacts on Number 2 as it is not positioned, largely, past the front elevation of this neighbour, thereby reducing the potential for harm through noise disturbance.

Regarding the single-storey extension to the rear, this largely replaces an existing detached garage positioned abutting the boundary with Number 2. The orientation of the application site and Number 2 ensures that it will not cause harm through overshadowing and given the existing detached building at Number 2 it is considered that this element of the proposal will not introduce a poor outlook.

For the above, the proposal will not cause significant harm to the living conditions of current or future occupiers of Number 2 Kenilworth Road. As this is the case then it also demonstrates that the proposal will not give rise to any direct harm to the living conditions of any other property on Kenilworth Road.

Blundellsands Road East

The extension is more than 35m from the nearest window to Lismore Court on the northern side of Blundellsands Road East. This is 14m greater than the Council's guidance for distances between habitable room windows. This separation distance also ensures that the extension will not give rise to significant harm through overshadowing or introducing a poor outlook.

To Number 2 Blundellsands Road East, the adjacent property already converted and extended to provide for self-contained flats, the proposal is likely to have minimal impacts. The absence of clear glazed windows to the side of the proposal removes the potential for overlooking or loss of privacy to any side windows to Number 2. As the proposal lies to the east/northeast of Number 2 and due to the existing constrains of the corridor of private outdoor amenity space to the rear of Number 2 the proposal will not give rise to harm through overshadowing.

Abbotsford Road

As part of the redevelopment of Number 2 Blundellsands Road East the former coach house to that property was altered and extended to be a separate single-storey dwellinghouse with the address given as 1b Abbotsford Road. Vehicle access from Abbotsford Road is shared with some additional parking serving Number 2. Number 1b has a rear garden that runs perpendicular to the side boundary of the application site. Given the existing impacts of the detached garage at the application site it is unlikely that the single-storey extension will cause significant harm through overshadowing of this neighbouring garden.

However, there are concerns that the bay windows to the ground floor of the extension at the application site could potentially give rise to harm through overlooking and subsequent loss of privacy. It is therefore considered reasonable for the splayed bay window serving the bedroom of Apt7 to be obscurely glazed and non-opening unless the means of opening is above 1.7m as measured from the internal floor height. This can be secured by condition and should be sufficient to address this matter.

Highway Safety & Amenity

As per the comments from the Highway Manager this proposal will not give rise to any harm to highway safety or amenity. Given the location close to a railway station the number of car parking spaces are considered to be acceptable. In respect of the opening-up and widening of the access to Kenilworth Road there are no objections to this point.

The comments by objectors on this matter are acknowledged but not agreed with in this instance.

Other Matters

Trees

Conditions to be attached to any approval can ensure the protection of trees to be retained within the development, particularly those abutting the boundary to Kenilworth Road that contribute to the character of the area.

The submitted landscaping plan specifies the species of new trees to be planted with their stem diameter as planted, which are acceptable. The landscaping plan also indicates an as-planted height for the trees to be no more than 30-45cm, but this appears to be incorrect given the approximate heights shown by a variety of nurseries for the stem diameter given. So as to ensure that appropriate sized trees are to be planted it is reasonable to amend a standard landscaping condition to require the planting of, at least, 'heavy standard' trees with a girth at 1m above ground of at least 12-14cm.

The proposal, subject to conditions, is acceptable on this point.

Drainage & Sewerage

The concerns regarding the impact on waste sewers from objectors are noted but cannot be considered by the Local Planning Authority.

In respect of the disposal of surface water the Lead Local Flooding Authority has not proposed any conditions to address this matter but rather an informative encouraging adherence to the hierarchy of disposal set out in the National Planning Policy Framework. This is sufficient to satisfy this matter.

Planning Balance

At the heart of both the Local Plan and the National Planning Policy Framework (NPPF) is the presumption in favour of sustainable development. There are three dimensions to sustainable development: economic, social and environmental. These roles are interdependent and must be jointly sought to achieve sustainable development.

The proposal is considered to be an appropriate use within the area and would not cause harm to the living conditions of neighbouring properties or cause harm to highway safety (as set out by the comments from the Council's highway engineers). No weight can be given to these elements as they are policy requirements and must be met as a minimum for any development.

The proposal will provide for 13 new residential units (net increase of 12) in an accessible location, which will help contribute to Sefton's housing supply. The Council has now been able to demonstrate a five-year balance but this has not been subject to scrutiny or challenge, so weight must be given to the contribution of these 13 units from windfall development. The number of dwellings is relatively modest given the required annual supply and so the proposal will make a minor contribution to the supply, but a contribution will still be made from a brownfield site. This will meet the social objective set out in para 8 of the NPPF. It is therefore considered that this element of the proposal has moderate weight.

Paragraph 80 of the NPPF states that significant weight should be placed on the need to support economic growth. The proposal through the creation of the units and expenditure associated with additional households in the area may provide modest economic benefits to which limited weight is attached as it will accord with the economic objective set out in para 8 of the NPPF.

As set out above, the proposal fails to comply with the aims and objectives of the Local Plan and relevant supporting guidance in respect of the living conditions to be provided to the future occupiers of the studio flat to the basement. The limitations on outlook and impacts of overshadowing will be apparent to any future occupier but this alone does not make the shortfall acceptable in policy terms.

The proposal provides for a mixture of accommodation from studio flats to one and two-bedroom apartments, which will add to the variety of housing stock within the immediate area. Concern is raised by Councillors that substandard accommodation tends to be occupied by those without other choices and that concern is shared. In this instance the studio flat exceeds the Council's minimum size requirements by 20m2 and is served by a number of windows to the southern/rear elevation and there are angled views beyond the single-storey extension.

As the proposal does not strictly adhere to the Council's requirements this matter has to be afforded weight. The weight is limited by virtue of this being but one of 13 units within the development as a whole.

In weighing up the above shortfalls compared to the benefits arising from the scheme, it leads to a finely balanced outcome. The moderate weight given to the provision of 13 residential units in an accessible location along with the limited weight arising from increased expenditure will outweigh the harm to the living conditions of future occupiers of the basement studio flat.

The proposal is therefore considered to be sustainable development and is compliant with the aims and objectives of the Local Plan and all other material considerations including the National Planning Policy Framework.

Conclusion

For the reasoning and balanced argument set out above, it is therefore recommended for approval with the conditions as set out below. Recommendation - Approve with Conditions Approve with Conditions

This application has been recommended for approval subject to the following conditions and associated reasons:

1) The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

Reason: In order that the development is commenced in a timely manner, as set out in Section 91 of the Town and Country Planning Act 1990 (as amended).

2) The development shall be carried out in accordance with the following approved plans:

18.030.PL01 'Site Location Plan'18.030.PL02 'Proposed Vehicle Tracking Plan & Visibility Splays'18.030.PL03 Rev C 'Proposed Site & Landscaping Plan'18.030.PL07 Rev C 'Proposed Basement GA Floor Plans'18.030.PL08 Rev C 'Proposed Ground GA Floor Plans'18.030.PL09 Rev B 'Proposed First/Second GA Floor Plans'PL 10 Rev 2 'Proposed Elevations - Front'PL 11 Rev 2 'Proposed Elevations - Left'PL 12 Rev 2 'Proposed Elevations - Right'PL 13 Rev 2 'Proposed Elevations - Rear' PL 16 Rev 2 'Proposed Building Section'

Reason: For the avoidance of doubt.

3) No flat hereby approved shall be occupied until the two means of vehicular access to the development as shown on approved drawing 18.030/PL02 'Proposed Vehicle Tracking Plan & Visibility Splays', including the shown alterations to the boundary to provide for sufficient visibility splays, have been constructed.

Reason: In the interests of highway safety.

4) No flat shall be occupied use until areas for vehicle parking, turning and manoeuvring have been laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and these areas shall be retained thereafter for that specific use.

Reason: In the interests of highway safety.

5) No flat shall be occupied until at least one electric vehicle charging point has been installed and is operational. The approved infrastructure shall be permanently retained thereafter.

Reason: To facilitate the use of electric vehicles and to reduce air pollution and carbon emissions.

6) No part of the development shall be brought into use until secured & covered space and facilities for cycle parking have been provided for future occupiers. These facilities shall be retained thereafter for that specific use.

Reason: In the interests of highway safety.

7) a) Prior to the first occupation of Apt #1, as labelled on approved drawing 18.030.PL07 Rev C 'Proposed Basement GA Floor Plans', a scheme of noise and vibration attenuation to protect future occupiers from the communal gymnasium must be submitted to and approved by the Local Planning Authority.

b) The scheme of attenuation approved in (a) must be implemented in full prior to any occupation of Apt #1 and maintained as such thereafter.

Reason: In the interests of the living conditions of future occupiers.

8) a) Prior to the first occupation of Apt #3 Studio, as labelled on approved drawing 18.030.PL07 Rev C 'Proposed Basement GA Floor Plans', a scheme of noise and vibration attenuation to protect future occupiers from the communal gymnasium must be submitted to and approved by the Local Planning Authority.

b) The scheme of attenuation approved in (a) must be implemented in full prior to any occupation of Apt #3 and maintained as such thereafter.

Reason: In the interests of the living conditions of future occupiers.

9) No part of the development shall be occupied until the private outdoor amenity areas as shown on approved drawing 18.030.PL03 Rev C 'Proposed Site & Landscaping Plan' has been provided in full and maintained as such thereafter.

Reason: To ensure sufficient living conditions.

10) (a) Within the first planting season following the implementation of this approval the 6 new trees to be planted, the species of which are set out in the landscaping plan (but notwithstanding this, the trees as planted must be at least heavy standard, with a girth at 1m above ground of at least 12-14cm).

(b) Any trees which within a period of 5 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.

Reason: To ensure an acceptable visual appearance to the development.

11) (a) No development shall commence above slab level, nor any demolition works or site clearance, until there has been submitted to and approved in writing by the local planning authority details of a scheme for the protection of trees shown to be retained on drawing number 18.030.PL03 Rev C 'Proposed Site & Landscaping Plan'.

(b) The approved scheme shall be carried out during the demolition and throughout the course of the construction of the development.

Reason: These details are necessary prior to the commencement of development to safeguard all existing trees on site.

12) Before the development hereby permitted is first occupied, the 45 degree splayed window to the bay serving the bedroom to Apt#7 (as specified on approved drawing 18.030.PL08 Rev C 'Proposed Ground GA Floor Plans') directed to the rear of Number 1 Abbotsford Road shall be fitted with obscured glazing to a specification of no less than level 3 of the Pilkington Glass Scale and any part of the window that is less than 1.7m above the floor of the room in which it is installed shall be non-opening. The windows shall be permanently retained in that condition thereafter.

Reason: To ensure that the privacy of neighbouring occupiers is retained at all times.

Informatives

1) The applicant is advised that the proposal will require the formal allocation of addresses. Contact the Development and Support team on 0151 934 4569 or E-Mail snn@sefton.gov.uk to apply for new property numbers.

2) The applicant is advised that all works to the adopted highway must be carried out by a Council approved contractor at the applicant's expense. Please contact the Highways Development and Design Team at HDD.Enquiries@sefton.gov.uk for further information.

3) The development site is at significant risk from surface water flooding.

Policy EQ8 of Sefton's Local Plan states that proposals for the attenuated discharge of surface water into anything other than the ground must demonstrate why the other sequentially preferable alternatives cannot be implemented:into the ground (infiltration); to a surface water body;to a surface water sewer;to a combined sewer.

We recommend the applicant implements the scheme in accordance with the surface water drainage hierarchy outlined above.

In accordance with the National Planning Policy Framework (NPPF) and the National Planning Practice Guidance (NPPG), the site should be drained on a separate system with foul water draining to the public sewer and surface water draining in the most sustainable way.