Planning Commentary May 2008
Site and Surroundings
The site currently comprises a two storey detached property in mixed use – with car sales at ground floor and a residential flat above. A review of the Council’s records show that this use was authorised in 1973. To the front of the building is a forecourt used for the display of motor vehicles to be sold. The rear of the site is, at present, undeveloped.
The surrounding area is predominately residential in character, albeit a petrol filling station is located east of the site, and a church to the west. There is good access to local services and public transport. Furthermore, the site is located only 800 m from Leagrave Railway Station.
Planning History
The planning history records, for the site, have been inspected at the Council office’s and a summary is below at Appendix 1. This confirms that the current operation was authorised in 1973. The principle of residential use has been tested on the site. In October 1990, planning permission was granted for a three-storey building containing 8 one-bedroom flats. It is noted this application was a resubmission following refusal in January 1990 for 12 one-bedroom flats.
A further application, for 11 units, was submitted to the Council in July 2007. Whilst this application was withdrawn, discussions with Officer’s confirmed that the residential use of the site is acceptable in policy terms, and that a higher density than that previously approved could be accommodated, subject to design, layout and amenity considerations.
Planning Policy
The Development Plan is the Luton Local Plan adopted March 2006. The Local Development Framework is currently in its early stages and no documents of relevance have yet been published. The proposal map confirms that the site is not subject to any specific allocation or wider designation.
Within the adopted plan, there are a range of Development Control policies, the following of which are relevant to residential development:
- New residential development will be permitted on sites previously developed or underused land where it would not result in the loss of uses for which there is a local need; there are no detrimental impacts on the environment; and good access is provided to local facilities and public transport (policy H2B);
- New residential development will be required to be built at net density of 40 dwellings per hectare or above. In central areas or areas with good transport accessibility, the density requirement will be 50 dwellings per hectare or above (policy H3);
- On all new developments of 15 dwelling units or more (or 0.5 hectare and above), the Council will seek provision for 50% of the total number of dwellings to be in form of affordable housing (policy H5);
- A minimum of 5 sq m of amenity space should be provided for one-bedroom flats and 25 sq m for two-bedroom flats. For all other flats and single dwelling houses, the minimum requirement will be 45 sq m (residential standards), and
- The maximum car parking provision for 1 bedroom flats will be 1 space per dwelling, 2/3 bedrooms will be 2 spaces per dwelling and 4+ bedrooms is 3 spaces per dwelling (car parking standards).
Officers View
Prior to the submission of a planning application, discussions were held with Ben Huskinson, Duty Planning Officer, at the Council. The Officer considered the approved residential development in 1990, comprising 8 units, offered the maximum acceptable density for the site, whilst suggesting that any increase in density would need to ensure that all dwellings have appropriate outlook and associated amenity space (i.e. balconies) and car parking provision. The Officer made reference to the application for residential development of 12 units, which was refused on the basis of over-intensive development of the site, inadequate amenity space provision and adverse amenity impacts on adjoining dwelling houses.
Notwithstanding this refusal and subsequent advice, a planning application for 11 units was submitted to the Council in July 2007. This application was withdrawn following feedback from Officers in relation to the design of the proposed building(s). However, the principle of residential use of the site was re-confirmed, and, indeed, higher densities than that previously approved considered.
Officers did however raise concerns in relation to the overall scale and bulk of the proposed building, with regard to the site layout and the implications in respect of visual and residential amenity. In this respect, the maximum number of dwellings that could be accommodated on the site is likely to be around 10 units, on the basis of advice given in respect of neighbouring amenity and the site layout.
Planning Discussion
The site is located within a built up area which is predominately characterised by housing. It has access to local facilities and public transport including local bus services along High Street, and Leagrave Railway Station is located approximately 800 m to the east of the site. The site is therefore considered to offer potential for a higher-density housing development.
It is considered the subject site offers good potential for a residential scheme, of potentially higher density than that previously approved, however, exceptional design would be key to increasing the site’s density and to overcome the other concerns raised by the refused application and subsequent comments made by Officers.
Conclusion & Recommendations
The re-development of the site for residential use is firmly established. It is considered there could be potential for higher-density development than that previously approved if it could be designed to respect the built form and amenity of the surrounding area while meeting the Council’s standards for car parking and amenity space provision.
APPENDIX 1 - SCHEDULE OF PLANNING HISTORY
| REF: | DESCRIPTION | DECISION | DATE |
| 1840F/10209D | Lubrication Bay | Permission | 18/05/57 |
| 1840K/10209D | Sun lounge | Permission | 11/10/63 |
| 1840L | First floor bedroom | Permission | 16/10/72 |
| 1840M | Erection of a combined single storey workshop, motor sales showroom and accessory shop with upper storey office accommodation. | Conditional Permission | 12/09/73 |
| 1840P | Application for established use certificate for the purposes of vehicle parking | Established | 17/07/75 |
| 19547 | Development of land for residential purposes (12 one bedroom flats) | Refused | 10/01/90 |
| 19547A | Development of land for residential purposes - eight one bed flats (resubmission) | Approved | 09/10/90 |
| L/19547/C/O | Use of existing shop area as premises for the sale of food and drink (take-away sales) and alterations to external elevations | Approved | 19/02/98 |
| 07/01165/FUL | Erection of 11 residential units (5 one bedroom and 6 two bedroom) after demolition of existing site. | Withdrawn | 10/10/07 |