Construction of 20 residential units together with parking, landscaping and associated works, including refurbishment of the existing Grade II Listed Granary Barn.
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Councillor Crow (by reason of him residing off East Street, near to the site) declared a non-pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5).
The Committee considered a planning application and listed building consent for the construction of 20 residential units together with parking, landscaping and associated works, including refurbishment of the existing Grade II Listed Granary Barn at land at East Bay Mill, 19 East Bay, Colchester. The application had been referred to the Committee because it had been called in by Councillor Crow and because it constituted major development where a Section 106 legal agreement was required and also because objections had been received.
The Committee had before it a report and an amendment sheet in which all information was set out.
The Committee made a site visit in order to assess the impact of the proposals upon the locality and the suitability of the proposals for the site.
Alistair Day, Planning Specialists Manager, presented the report and, together with Simon Cairns, Development Manager, assisted the Committee in its deliberations.
Nick Hardaker addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the planning application. He explained that he lived at East Bay and referred to a previous pre-application proposal which was similar to the current application but provided for 29 parking spaces. He referred to the parking standards and considered the proposal needed to provide 45 spaces in order to comply with this guidance, whilst the scheme proposed a total of 26 spaces. He also referred to the actual parking provision at other developments in the locality and asked why the parking proposals had been considered acceptable, given the considerable reduction in spaces on the grounds of the site’s accessibility. He questioned the likelihood of prospective home owners making the necessary lifestyle change to limit car ownership to one per dwelling and considered it necessary to ensure the properties were marketed with this proviso and for a legal covenant to be put in place to regulate the car ownership numbers. He also referred to the access road safety audit which had acknowledged a lack of forward visibility and a narrowing of the access road to 3.2 metres in the vicinity of the listed buildings which he considered would be insufficient for a fire service appliance and compromised the safety of future residents.
John Burton, on behalf of the Colchester Civic Society addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the application for listed building consent. He welcomed the work undertaken by the applicants to improve the scheme, however he considered the basic concept of the scheme was flawed. He referred to the planning officers view that the benefits of the scheme significantly outweighed the adverse impact. He acknowledged the current poor presentation of the site and that the listed building required restoration, however he was of the view the application should be refused and an alternative scheme be encouraged which would deliver more of a village character development. He did not consider the three storey houses proposed adequately reflected the character of the surrounding area and felt a mix of building heights would be more in keeping with the landscape and historic setting. He also expressed concern about the dominant nature of parked cars as proposed adjacent to a national cycle route and pedestrian pathway. He welcomed the use of the mill building so that its historic value could be appreciated and its potential as a tourist attraction could be enhanced. He referred to the need for owners of listed buildings to keep them in good repair and he did not consider the proposal would enhance the conservation area and was concerned that the restoration of mill building would become lost by the massing of the site.
Richard Quelch addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in support of the application. He explained that the site had been vacant for a significant period of time, it had suffered from anti-social problems, the derelict grade 2 listed granary building had suffered fire damage in 2005 and needed immediate restoration. He explained that the current proposal had been formulated to deliver a housing development, whilst restoring the granary building, retaining important trees, enhancing ecological value, providing an attractive frontage and improvements to the river wall, protecting surrounding residential amenity, improving the existing road through the site and creating an improved junction with East Street. Pre-application discussions had taken place and engagement with local residents had been undertaken in the form of a public exhibition as well as an engagement event for ward councillors. He explained that the proposal was for 20 dwellings whilst the site had been allocated in the emerging Local Plan for 22 dwellings. He acknowledged no objections had been raised by the Highway Authority, the Environment Agency and Historic England and welcomed the recommendation for approval from the planning officer. He explained that the parking provision had taken into account the site’s proximity to Colchester town centre, the town railway station and access to local bus services. Given the site’s location he considered prospective residents were more likely to use public transport or to walk whilst an assessment of current car ownership in Castle ward had been undertaken.
Councillor Crow attended and, with the consent of the Chairman, addressed the Committee. He explained that he was representing residents of East Street and East Bay who were objecting to the development. He explained that residents welcomed the restoration of the granary barn but there were concerns about the proposed scheme in its current form. The key concern was in relation to parking which was considered to be inadequate. The proposal was for 1.3 spaces for each dwelling which were family homes and he compared this to the guidance set out in the relevant parking standards. He also referred to the Castle ward car ownership assessment which had indicated an average ownership of 0.85 cars per household. He observed that many dwellings in the ward comprised one bedroom only and the population was very often transient and non-car owning. He was of the view that the proposed three-bedroom family homes were likely to generate a more numerous car ownership pattern, particularly over time and he was concerned that this would lead to on-street parking in neighbouring unregulated roads. He also referred to concerns about design of the proposed dwellings, particularly given the unique character of several buildings in the vicinity of the site. Other recent developments had borrowed and replicated features from the mill and the nearby Tudor style cottages, whilst the proposed designs had made no concession to nearby architecture, being of a modern, contemporary design which could be found anywhere. Concerns had also been expressed about the tight bend to the access road and the potential for collisions on what was the designated Wivenhoe Trail cycle route. He explained that the principle of the development was not of concern but that residents’ genuine concerns needed to be addressed. He also asked for former Councillor Laws’ suggestion for the Section 106 Agreement associated with the development to include the provision of a floating jetty from the site be taken into consideration on the grounds that this would give local sailing groups access to the river beyond the weir.
Councillor Barlow attended and, with the consent of the Chairman, addressed the Committee. He explained that he did not object to the principle of the development of the site and welcomed the opportunity for the barn to be brought back into use. He agreed with a number of the concerns raised by Councillor Crow. He explained the importance of the access road on the site, being the main route for walkers, runners and cyclists from the town centre to the university and to Wivenhoe, as such it was a very busy route. He was concerned that the importance of the route had not been acknowledged in the proposals and how use of the route by people using a variety of modes of transport would be managed. He was also concerned about the increase in car use and the implications given poor visibility along the route. He questioned the validity of the current car ownership assessment for Castle ward on the basis that the conclusions had been based on average totals which would have included the town centre area where numerous one-bedroom flats were located, whilst the Riverside area of the ward had a very different mix of property types. He was also concerned about the practice of reducing parking space provision based on a site’s accessibility to public transport links and other amenities as he did not consider that the current transport network was not adequate for this to deliver changes in people’s attitude to their own car ownership. On this basis he considered the current application was flawed and needed to be looked at again.
The Chairman invited the Planning Specialists Manager to respond to the points raised. He noted the acceptance of the need for the listed building to be restored and he referred to the considerable constraints attached to the site as a whole which had resulted in significant viability issues with the development of the site. He explained that the developer’s anticipated profit on the site was likely to be as low as 10% as it was currently proposed and any suggestions to reduce the number of dwellings in order to increase the ratio of parking spaces would further reduce this return. The tranquil nature of the lane had been observed by speakers whilst requests had also been made for a greater number of parking spaces which he considered was a difficult balance to draw. He explained the parking standards requirements for this type of development which would deliver a total of 45 spaces, however, he emphasised that for sustainable and accessible locations it was acceptable to consider a lower number of spaces. He also referred to the emerging Local Plan which provided for assessments of existing car ownership levels and the concerns which had been raised in relation to the average totals which had been derived for the ward as a whole. He also explained, with the use of Census data, the 0.85 measure was an accurate indicative measure for the whole ward. He explained that the applicant had acknowledged that parking was a sensitive issue for residents and, in recognition of this, had offered contributions to assist with transport obligations identified, including the upgrading of the bus stop opposite the site, the establishment of a car club and improvements to the Wivenhoe Trail. It had also been proposed to introduce parking control measures and measures to prevent indiscriminate parking. He also explained that it had not been possible to widen the access route at the pinch point near the listed building but the scheme had provided for the realignment of the route where this was possible to improve visibility and widening to 6 metres where possible, together with traffic calming features. He explained that the negotiations had taken place with Highway Authority regarding potential conflict with cycle users and measures to make the route safe and no highway objections had been made about these proposals. In addition previous comments regarding a turning circle for fire appliances had now been addressed and it was also intended to widen the junction to East Hill. He confirmed that there was no statutory requirement to maintain a listed building in a good condition, although there were powers to enforce an owner to make a building weather tight which was why the scaffolding and sheeting had been erected by the developer. There was also an option for the Council to issue a Repairs Notice but, in this circumstance, there was also potential for the owner to serve a Compulsory Purchase Order on the Local Authority and the Council would then become liable for the repairs. The design proposals included traditional materials, such as brick work weather boarding and slate roofs whilst the heights proposed were lower than East Bay House were consistent in terms of architectural approach and materials to the surrounding Victorian housing, albeit they adopted a more contemporary style.
Members of the Committee generally welcomed the opportunity to secure the restoration of the mill, however the proposed three storey dwellings were considered inappropriate for the area and, by definition, would lead to a greater demand for car parking spaces. Considerable concern was expressed regarding number of parking spaces proposed which was significantly fewer than the standard parking space provision together with the location and alignment of the parking spaces adjacent to an established national cycle route and the considerable potential for conflict. The concern was such that it was not considered that the control measures being proposed would adequately address the likely road safety compromises.
Additional comment was made in relation to the potential for the proposed dwellings with first flat roof areas to be converted to roof gardens and clarification was sought regarding the successful practical application of a car club.
The Planning Specialists Manager explained that a previous planning application had previously been approved for the site comprising a substantial development of three and four storey buildings, as such this constituted a material consideration. He explained the current proposals included the provision of both parking control and speed restriction measures along the access route to create a safe environment for all road users. He confirmed that permitted development rights in relation to extensions had been removed and the amendment sheet included a provision for the single storey element to Plot 20 to preclude its use as a roof terrace or garden. He acknowledged that the Committee members were mindful of the challenges associated with the development of the site, but he reminded them of the allocation for 22 dwellings in the emerging Local Plan, the discretion in the parking standards to accept a lower number of spaces in accessible locations, and the existence of a listed building at risk needing restoration. He considered the proposal satisfactorily struck the balance between the competing demands of the site and had recommended approval accordingly.
One member of the Committee acknowledged the potential for home owners living in close proximity to the town centre choosing to limit their car use and referred to the experience gained on the site visit whilst negotiating the road as it was currently. The need for improved signage on the site was suggested and the need for all users of the access road, whatever means of transport being used, to be respectful of others. Comment was also made, should the application gain approval, of the need for construction traffic to be very carefully managed.
Other members of the Committee continued to express considerable concern regarding the adequacy of the proposed parking provision for the site as a whole as well as concern about the overall design of the scheme which needed to be more in-keeping with the surrounding area, the height of the development and the difficulties which would present for visitors to the site, given the impracticalities of the proposed visitor parking provision. Clarification was also sought in relation to the percentage of Affordable Housing being provided within the development.
The Planning Specialists Manager referred to the Highway Authority’s recommended conditions set out in the Amendment Sheet which included the provision of appropriate signage as well as improving the visibility, traffic calming measures and signage for parking. As such the Highway Authority were satisfied that a scheme could come forward in a safe manner for all users of the access route. He again explained that the intention was to widen the route to six metres, where it was possible to do so, acknowledging there were pinch points around the site, such as near to the listed building where the width was about 3.2 metres and this width had been confirmed as acceptable for a fire appliance. It was also accepted that the pinch points would assist in slowing traffic down. He confirmed that the average parking provision across the site was 1.3 and he considered there was no reason the houses could not be allocated one space each with the remainder allocated as visitor parking, if this was considered preferable. He explained that it was proposed to provide a footpath at the site entrance for safe access for pedestrians with a parking bay for three vehicles. He noted the comments regarding the design of the buildings but he explained that the National Planning Policy Framework stated that the style of a building should generally not be used as grounds to refuse an application. He also advised the Committee to consider scale and mass issues in relation to previously approved schemes for the site and he confirmed the Council’s Urban Design Officer was satisfied with the proposed design solution for the site and the statutory heritage consultees had not raised concerns in relation to design of the buildings. He acknowledged the need for construction vehicles to be controlled and he confirmed that a Construction Method Statement had been proposed which could be expanded to include the type of vehicles which would be suitable for the site. In clarifying the Affordable Housing contributions, he explained that the Council’s Development Team had considered the proposals and had determined the contributions necessary to mitigate the development. Whilst the emerging Local Plan included an Affordable Housing threshold of 30%, the developer had indicated that the scheme was not a viable one, which had been accepted through independent assessment, and could not afford to provide Section 106 contributions. The developer had, nevertheless, accepted the need to make contributions totalling £167k to acknowledge the perceived deficiencies within the scheme. This meant that the usual anticipated Gross Development Value of between 15 and 20% would be reduced to 10%. It had been proposed that the contributions would remain available to the Education Authority for a period of five years, after which, if the sums remained unused, they would be transferred for use as Affordable Housing.
The Development Manager confirmed that the scheme as it stood had no viability at all for the developer and there was no requirement in planning terms for any mitigation contributions to be made. The developer had, nevertheless, effectively offered to make an ex-gratia payment which had been apportioned by the Development Team in accordance with the Council’s adopted priorities. This was an exceptional circumstance for the developer to offer to make contributions in this situation, however if further discussions took place seeking to reduce the number of units or increase the number of parking spaces the viability would be reduced even further. He was of the view that the Committee needed to consider the dangers of the site suffering further dereliction, given the cross subsidy that was available to bring forward the repair of the listed building was contingent upon there being a development-led solution for the site. He was of the view that, for town centre locations, it was not uncommon to have considerably reduced parking provision, even to the extent where no parking was provided. He advised the Committee members to balance the planning merits of the scheme and its potential harm against the public benefits of bringing forward a derelict site which was giving rise to the loss of an historic building, accepting that the development had no viability and, although it would bring forward no Affordable Housing, this had been justified.
Another member of the Committee referred to the multiplicity of sites around the town which comprised three as well as four and five storey buildings and, as such, did not consider it possible to restrict this site to two storey development. Reference was also made to the site’ being within comfortable walking distance of the town centre. He supported the proposal to provide a Traffic Regulation Order to prevent access by Heavy Goods Vehicles to the site as well as the proposed cycle route signage provision for the Wivenhoe Trail. He was also of the view that the car parking spaces should be for reversing into only in order to protect the safety of cyclist and pedestrians. He also welcomed the proposal as a positive example of the development of a brownfield site.
Reference was also made to the regrettable lack of contributions for Affordable Housing, given the acknowledged lack of viability in the scheme although the clause for the education contributions to revert to Affordable Housing after a period of five years was welcomed. The opportunity to develop a brownfield site was also welcomed. It was suggested that there may be potential for officers to explore the reconfiguration of the layout of the site, subject to the loss of some open space and the loss of trees not subject to Tree Preservation Orders, in order to increase the parking provision by one or two further spaces. The concerns expressed in relation to conflicts between vehicles and cyclist was acknowledged, together with the need for signage as mitigation to address this.
A proposal to approve the planning application and the listed building consent in accordance with the recommendation contained in the report, subject to further negotiations regarding the layout of the site and the loss of additional unprotected trees in order to maximise the number of parking spaces provided, together with additional signage on site to mitigate the potential for conflict between vehicles, cyclist and pedestrians was proposed and seconded. On being put to the vote, the proposal was lost (FOUR voted FOR and FIVE voted AGAINST).
The Development Manager indicated that the Committee might like to consider a deferral of the planning application and listed building consent for officers to seek an increase to the parking provision and a reduction in potential conflict between cyclists, pedestrians and car users on the site.
RESOLVED (EIGHT voted FOR and ONE voted AGAINST) that the determination of the planning application and listed building consent be deferred and officers be instructed to negotiate with the applicant with a view to amending the proposals to include increased parking provision and a reduction in potential conflict between car parking, cyclists and pedestrians.