Agenda item

To determine the application.

David Rowen presented the report to members.

 

Members received a presentation, in support of the application, in accordance with the Public Participation Procedure, from Councillor Bill Haggatta of ChatterisTown Council.

 

Councillor Haggatta stated that he is speaking on behalf of Chatteris Town Council regarding planning application F/YR20/0356/F concerning the building of 9 houses and wall to serve 133 High Street, Chatteris adding that a previous planning application regarding the same site, but containing 3 houses was approved by Chatteris Town Council and Fenland District Planning Committee, with concerns regarding access being raised. He expressed the view that the same concerns are now also being raised as in the previously approved application, this time due to the addition of 6 more houses, which Chatteris Town Council finds difficult to understand that the additional 6 more houses can make the accessibility more of a problem than the original plan to erect 3 houses, especially as in the past Blackhorse Lane, which exits onto the High Street was used by Harry Phillips Coaches and Enterprise Coaches, who operated several passenger coaches and double decker buses, along with another large transport company SS Motors, which supplied fuel. All were based in Blackhorse Lane, with vehicles constantly entering and exiting onto the High Street and have now ceased to operate from this site.

 

Councillor Haggatta added that  since the construction of the A142 bypass a great deal of traffic which used to run through Chatteris Town Centre, now avoids the High Street, making it still well used, but considerably less so than when the previously two companies mentioned, used Blackhorse Lane. He expressed the view that Chatteris High Street contains many exits and entrances, very similar to Blackhorse Lane and by the very nature of its past formation, these exits and entrances negotiated with due care, caution and responsibility, are without any more problems than you would expect in any many other similar locations.

 

Councillor Haggatta expressed the opinion that Chatteris also needs to build more houses for the local economy in these volatile times. He respectfully asked that the committee consider their decision in the light of these comments and vote to support the renewed application and decision of the Chatteris Town Councillors, as in the previous supported application, this time with the additional 6 houses.

 

Members received a presentation in support of the application, in accordance with the Public Participation Procedure, from Mr Lee Bevens, the agent.

 

Mr Bevens explained that when the original applications were prepared back in 2013, the scheme was for 8 dwellings and the Listed Building. He added that despite providing mitigation for that scheme, the Planning Officer and Highways raised objections on the number of dwellings and the junction and so the application was withdrawn with the scheme being amended and one year later after lengthy discussions the scheme was granted for the current extant consent of the Listed Building renovation and repair and 3 x 4 bed executive houses.

Mr Bevens stated that the Planning Officers and Highways were still concerned with this scheme about the impact of new dwellings on the Listed Building and the junction of Blackhorse Lane and High Street and conditions were provided to ensure that any developer did not come along and build the new houses and try and avoid doing the repairs to the Listed Building.

He added that his clients purchased the site off the previous applicants and at the time the Listed Building was on the ‘Buildings at Risk’ register and was in a very poor state, with holes in the roof, leaking water into the building, rising damp, rotten floors, no water and anti-social behaviour at the address. Discussions with the Conservation Officer at FDC suggested that the Listed Building should be prioritised ahead of the new build.

 

Mr Bevens stated that his client followed that advice and has spent over a quarter of a million pounds renovating and repairing the Listed Building to a high standard and has worked closely with the Conservation Officer throughout the process to make sure attention to detail was secured.

He expressed the opinion that it is a material consideration that the Listed Building has been renovated and repaired at the great expense to his client and has brought back a valuable asset to Chatteris and is now a habitable dwelling.

 

Mr Bevens stated that the applicants have looked to market evidence regarding the 3 x 4-bedroom approved houses and it is felt that there is not a strong demand for this type of unit in this location, which are predominantly smaller units and recent nearby approvals have not been for 4-bedroom houses.

 

He feels this area of Chatteris has been neglected for a long time and there are still a number of either vacant or derelict dwellings along the High Street including but not exhaustive; 81 High Street, 113 High Street and 130 High Street and this site has the potential to provide good quality, well thought out open market housing, vastly improving the local area and providing much needed two- and three-bedroom houses that will not detrimentally impact on the Listed Building.

 

Mr Bevens expressed the view that that the impact on the Listed Building is minimal, it will be enhanced by the amended boundary wall, and a detached double garage, which it currently does not have, only parking spaces and the  Listed Building will still have an appropriately sized garden of some 101 square metres which has been well designed by his clients as part of the Listed Building work.  He highlighted to the committee the distances between the new houses and neighbouring dwellings, including the Listed Building and the detached double garage, which will help screen the impact of the new dwellings.

 

Mr Bevens added that one of the other principal concerns is highways and he stated that he has had detailed discussions with highway officers for some 15 months, who have suggested that it was down to the applicant to prove that the junction with Blackhorse Lane and High Street was suitable for a scheme of 9 dwellings. He stated that the applicant at additional expense has had independent consultants prepare a speed survey at this junction which was carried out in August 2019, coincidentally when there was an issue along the By-pass that day and more traffic was coming through town, and the results proved that vehicles were within the speed limits and there was not an issue as such with the junction. Further evidence from County Council proved that there had been no recorded accidents at the junction for the past 20 years.

 

Mr Bevens expressed the opinion that he fails to understand that if Highways suggest carrying out reports at the applicant expense and the evidence presented shows that there is not a problem, how the Highways Authority can maintain an objection with no further evidence provided by them that there is a problem?

 

 He stated that the existing junction has been re yellow lined and despite the proximity of buildings to the junction and the fact that no cars are allowed to park within sensible distances of the junction this is not an issue for the applicant to resolve if they do.

 

Mr Bevens added that up until approximately 33 years ago the bottom of Blackhorse Lane was used by a coach company prior to which a haulage company used the site and agricultural machinery was used and stored at the rear of 13 High Street as well, which would have seen much larger vehicles using the junction, which is the same now as it was then. He stated that he cannot find any evidence of accidents or issues at this junction.

 

Mr Bevens added that the existing junction has been re-yellowed lined which helps improves the visibility and it could be argued that it has better visibility than recently approved developments at 91 High Street and 54 Bridge Street, which have limited visibility and do not have the benefit of yellow lines at the highway access.

 

He expressed the view that it is frustrating that despite trying no evidence is forthcoming from Highways to prove that the access is not suitable for additional dwellings despite the applicant providing evidence that it is. He added that Plot 1 still has nearly 50% of its garden outside of the tree canopies and the garden is east facing so mid-morning to mid afternoon sun will not be to the detriment of the occupants.

 

Mr Bevens concluded by stating that he is not aware of any issues on the site with Japanese Knotweed and believe that these are false claims adding that should any be found then it will be dealt with in a controlled and appropriate manner. He asked the committee to see that the benefits to the community and Chatteris as a whole with this scheme outweigh the officer’s grounds for refusal and that they concur with the Town Council and the 18 letters of support with the applicant keen to deliver these houses at the earliest opportunity.

 

Members asked Mr Bevens the following questions:

·            Councillor Sutton asked for clarification as to why the access road had been relocated? Mr Bevens explained that the road has been moved to enable it to be of an adoptable standard to serve the 9 dwellings and it needed to be wider. He added that the access detail is different and had to be moved over, to widen the access to Blackhorse Lane, which has impacted onto the listed wall.

·            Councillor Murphy referred to 10.23 of the officer’s report where it states that the size of the proposed garages do not conform to the minimum size requirement. Mr Bevens stated that the garages are at least 3 metres internally and whilst the policy states that garages should be 7 metres, the garages proposed are 6 metres and a number of planning applications have been approved by the Council with dimensions of that size.

 

Members asked questions, made comments and received responses as follows;

·         Councillor Benney expressed the view that the road is very heavily used by traffic but there have been no road traffic collisions at this junction to his knowledge. He referred to a previous application for the erection of three luxury dwellings on this land which was deemed to be acceptable, in order to allow for the Listed Building to be renovated, however, in his opinion, this type of development is in the wrong location. He stated that the building was derelict, like many others in Chatteris, and whilst he appreciates that the developer has made a good job of the building, the message that the Council needs to be communicating, is that  we should be working with developers and encouraging them to bring forward schemes for renovations to take place.

·         Councillor Benney added that the proposal will clear up this piece of land, which is a blot on the landscape, and has been victim to anti social behaviour and he welcomes this application.

·         Councillor Cornwell stated that when you pull out of Blackhorse Lane, you have to take great care as it is dangerous and that the road is unadopted and is in a bad state of repair agreeing with Councillor Benney that something does need to be done. He expressed the view that large expensive houses are not the solution in this location but it would be good to see this land built on and used and it will upgrade the area and he will be supporting the application.

·         Councillor Miscandlon expressed the view that he remembers when the Listed Building was derelict and that has now been renovated and the site behind it now needs to be developed. The applicant has devised an application to eradicate an eyesore and tidy up that piece of land and he will be fully supporting the proposal.

·         Councillor Marks stated that he is familiar with the area. Chatteris is looking run down and he will be supporting this application.

·         Councillor Murphy agrees with the other comments made by members and he will also be supporting the application.

·         Councillor Hay expressed the opinion that she agrees that something does need to happen to the piece of land and added that three executive homes in that location is out of keeping in that area. She added that she will also be approving this application.

·         Councillor Sutton stated that he also knows the site well and  carried out a site visit and, in his opinion, the new wall is out of keeping with the Grade 2 Listed Building. He added that when you pull out into the High Street, from Blackhorse Lane, the visibility is very poor and, in his opinion, there is the need for road improvements to be carried out to the junction. He is reluctant to vote against safety issues raised by the County Council and questioned whether it could be expected that the developer carries out improvement works or whether it could fall under the remit of Chatteris Town Council and the Local Highways Scheme.

·         David Rowen stated that the proposal does not include any junction or pedestrian improvements and the application has to be determined on the basis of how it was submitted. He added that the Agent was aware of longstanding highway issues with that access and no mitigation scheme has been included in the application submission.

·         David Rowen stated that there is a highway objection in 10.10 of the officer’s report, and members need to take this into consideration when determining the application.

·         Councillor Sutton stated that whilst he agrees with the comments highlighted by David Rowen, he expressed the view  that historically the Planning Committee and the officers recommendation, approved an application against highways officers recommendations, a precedent has been set and this needs to be given weight. He questioned whether the extra cars that come with this development as opposed to the other development are so severe that the committee would change their minds in terms of highways safety with this application compared to the historical one.

·         David Rowen stated that planning permission was granted 6 years ago for three dwellings on the site, contrary to the recommendation of Highways and he added that at that time officers were endeavouring to work proactively to bring the Listed Building back into use, which was a significant material consideration at that time. He added that three houses and 9 houses are significantly different, and as set out in the Highways comments at 5.2 of the report, where the proposal is an additional 24 trips per day on a substandard junction and without the justification for the renovation of the Listed Building. The extant planning permission for the three dwellings should not be the sole reason for the decision taken by members today.

·         Councillor Benney questioned whether the highways report was a desk stop study? David Rowen stated that he cannot confirm how the Highways Officer, came to their recommendation of refusal under highway safety grounds.

·         Councillor Benney expressed the view that the Highways Authority has provided no evidence to substantiate their views and recommendation. He added that Chatteris Town Council have discussed whether the developer could improve the junction, and it was agreed that there was not much that could be done with the junction. It would also not be fair for the developer to pay for an existing problem.

·         Councillor Benney stated that if this application is approved it is sending the right message out to developers to say that Fenland is open for business. He added that this part of Chatteris is poor and there are many derelict buildings and developers need to be supported and encouraged to invest their money and bring these derelict buildings into use. He added that he will be supporting this application

·         Councillor Murphy expressed the view that it may take many years before any junction improvements could take place, and in his opinion, to expect the developer to pay for any junction improvements is very unfair. He added that he would like to see the wall removed and replaced with something more in keeping.

·         Councillor Marks expressed the view, that with regard to vehicle movements, historically there have been larger vehicles using the junction over many years and this application should be supported. David Rowen stated in terms of the historic use of the road, members should give very little weight to this in their decision making.

·         Councillor Miscandlon stated that when the planning permission was granted for the 3 houses, discussions took place with regard to the build out of the junction.at that time. At that time, County Council were to be approached as they had considered that a build out may alleviate the problem, however nothing has happened and whilst a build out may alleviate the problem, who would pay for it?

·         David Rowen stated that if members are minded to approve the application, there is also a reason listed for refusal with regard to the 9 dwellings in terms of the relationship of neighbouring plots and members may like to give some consideration as to whether they agree whether that relationship is acceptable or not.

 

Councillor Benney stated that he wished to propose that the application be approved against the officer’s recommendation, as in his opinion the proposal site is currently a piece of waste land that needs to be brought back into use, which will reduce the anti social behaviour and is for the betterment of the town of Chatteris.

 

 

 

Nick Harding stated that it is preferable for the proposer to identify reasons for approval for each of the officer’s reasons for recommendation for refusal.

 

F/YR20/0365/F

 

Proposed by Councillor Benney, seconded by Councillor Murphy and agreed that the application be APPROVED, against the officer’s recommendation. 

 

Members do not support officers’ recommendation of refusal of planning permission as they feel  that the development would not have a detrimental impact on the setting of the Listed Building, would protect and enhance the heritage asset and its setting, that a safe and suitable access to the site can be achieved for all users and that the junction of Blackhorse Lane and High Street would not result in unsafe vehicular movements at that junction, the development would not adversely impact on the amenity of neighbouring properties and that Plot 1 would have an acceptable level of usable private amenity space.

 

It was decided that the conditions imposed on the planning permission be delegated to officers’ in agreement with the Chairman, Councillor Benney and Councillor Murphy.

 

 

F/YR20/0371/F

 

Proposed by Councillor Murphy, seconded by Councillor Sutton and agreed that the application be APPROVED, as per the officer’s recommendation

 

 

F/YR/0372/LB

 

Proposed by Councillor Skoulding, seconded by Councillor Benney and agreed that the application be APPROVED, against the officer’s recommendation.

 

Members do not support officers’ recommendation of refusal of planning permission as they feel that the development would not be an unacceptable loss of a historic setting.

 

It was decided that the conditions imposed on the planning permission be delegated to officers’ in agreement with the Chairman, Councillor Skoulding and Councillor Benney.

 

(Councillors Benney, Hay and Murphy stated that they are members of Chatteris Town Council, but take no part in planning matters)