Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW
Daventry District Council * — appeal allowed
- Outcome
- Allowed
- Decision date
- 19 October 2021
- Authority
- Daventry District Council *
- Inspector
- Cryan M
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Barry Howard Homes
- Agent
- Frampton Town Planning Ltd
- LPA reference
- DA/2020/0459
- ONS LPA code
- E07000151
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 18 May 2021
Summary AI
The appeal is allowed and planning permission is granted for the erection of 10 dwellings, a detached double garage, formation of new access and associated landscaping at Garage, 81 High Street, Flore NN7 4LW in accordance with the terms of the application.
PDF text
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision Site visit made on 13 July 2021 by M Cryan BA(Hons) DipTP MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 19 October 2021 Appeal Ref: APP/Y2810/W/21/3272788 Garage, 81 High Street, Flore NN7 4LW • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Barry Howard of Barry Howard Homes against the decision of Daventry District Council. • The application Ref DA/2020/0459, dated 1 June 2020, was refused by notice dated 18 February 2021. • The development proposed is the erection of 10 dwellings, a detached double garage, formation of new access and associated landscaping. Decision 1. The appeal is allowed and planning permission is granted for the erection of 10 dwellings, a detached double garage, formation of new access and associated landscaping at Garage, 81 High Street, Flore NN7 4LW in accordance with the terms of the application, Ref DA/2020/0459, dated 1 June 2020, subject to the conditions set out in the attached Schedule 1. Procedural Matters 2.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision On 1 April 2021 Daventry District Council was merged into a new unitary West Northamptonshire Council, along with Northampton Borough Council and South Northamptonshire District Council. My decision will therefore be issued to the new Council. The development plan previously in place for Daventry district continues to have full effect in that part of West Northamptonshire. 3. The Government published a revised National Planning Policy Framework (“the Framework”) on 20 July 2021, replacing the version published in February 2019. Both main parties were invited to comment on the relevance of any changes in the Framework to this appeal. Where I have referred to specific paragraphs of the Framework, the numbering used is that of the July 2021 version. 4. The appellant has submitted a signed and dated Unilateral Undertaking (“UU”) under Section 106 of the Town and Country Planning Act 1990, which I return to below. Main Issue 5. The main issue is the effect of the proposed development on the character and appearance of the surrounding area, having particular regard to the setting of the adjacent Flore Conservation Area. https://www.gov.uk/planning-inspectorate
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision Appeal Decision APP/Y2810/W/21/3272788 Reasons 6. The appeal site is a former garage which lies on the north side of High Street within the village of Flore. It is outside, but immediately adjacent to, Flore Conservation Area (“the FCA”), and I have a statutory duty to pay special attention to the desirability of preserving or enhancing the character or appearance of the Conservation Area. As heritage assets are irreplaceable, the Framework states that they should be conserved in a manner appropriate to their significance (paragraph 189). It goes on to advise that any harm or loss requires clear and convincing justification (paragraph 200) and that any harm that is less than substantial must be weighed against the public benefit of the proposal (paragraph 202). 7. Most of the area included within the FCA lies south of High Street which until relatively recently was the main A45 road, though this now bypasses the village. As well as High Street, the FCA encompasses what the 2018 Appraisal and Management Plan (“the CAAMP”) describes as “finger lanes” spreading southwards towards the River Nene, as well as areas of open land west and south of the village.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision Notable lanes are Sutton Street which, with The Green/Chapel Lane, forms the historic core of Flore; there is also The Avenue towards the western edge of the village, and Kings Lane to the east. Sutton Street joins High Street just next to the appeal site; it is a narrow and winding lane which for the most part has a densely-built character, illustrating the growth and evolution of Flore and the variety of building materials and styles which have shaped the village. High Street in the vicinity of the appeal site is a relatively wide road with broad grass verges in part, and these combine to give it an open and spacious feel compared to the lanes to the south. 8. The CAAMP summarises the significance of the FCA as being derived in part from the variety of local building materials and the consistency of their use, the fine grain of its historic core, and the strong building lines which are formed in a linear pattern along the main roads and finger lanes which create coherence and shape the experience of the village. Based on all the evidence before me, and my observations at the time of my site visit, I agree with this summary.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision The CAAMP also draws attention to longer views of the village from Watling Street to the south west, in particular of its trees and the church tower, as well as the presence of large, former farm complexes which emphasise Flore’s rural character, and remaining examples of orchards which enhance the village’s historic interest. 9. The are substantial areas of more modern housing within Flore, though these generally fall outside the boundary of the FCA. They include housing from the second half of the 20th century on Brockhall Road and the Crescent, north and west of the appeal site, and an estate of very recent appearance on Larbourne Park Road to the east. 10. The business which operated from the appeal site consisted of a car sales showroom, workshop, petrol filling station and forecourt. I understand that the petrol filling station stopped trading at some point during 2016, and the remaining parts of the business closed in December 2018. The buildings on the site were demolished in or around December 2019, and the site is currently vacant.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision The appellant is seeking permission for 10 two-storey dwellings (one with a detached double garage), an access road/driveway to High Street, and associated infrastructure and landscaping works. https://www.gov.uk/planning-inspectorate 2
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision The appellant is seeking permission for 10 two-storey dwellings (one with a detached double garage), an access road/driveway to High Street, and associated infrastructure and landscaping works. https://www.gov.uk/planning-inspectorate 2
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision Appeal Decision APP/Y2810/W/21/3272788 11. The proposed dwellings would be arranged in two distinct groupings. At the southern edge facing High Street would be a pair of 3-bedroom semi-detached houses (plots 1 and 2), a short terrace of three 3-bedroom houses (plots 3 to 5), and a pair of 2-bedroom semi-detached houses (plots 6 and 7). Next to plot 7 at the south east corner of the site, the connection from High Street would allow pedestrian and vehicular access to a shared courtyard behind the frontage houses. Two parking spaces would be provided within the courtyard for each of the dwellings on plots 1 to 7, as well as three visitor parking spaces to serve the development as a whole. At the rear northern edge of the site, accessed from and overlooking the courtyard, would be two 4-bedroom detached houses (plots 10 and 9), and a 5-bedroom detached house (plot 8). The three detached dwellings would all have outdoor parking within their curtilage; a detached double garage would be built on plot 9, while the houses on plots 8 and 10 would have integral garages. 12. The dwellings on plots 1 to 7 would be modest in size, and with their short front gardens would present a strong linear frontage to High Street.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision Their massing and relationship with the street would broadly reflect the densely packed parts of the village within the FCA south of High Street. I acknowledge that, as the Council’s conservation officer pointed out, there are matters such as chimneys (each of the three frontage blocks would have a single stack each) where the proposed dwellings would offer less visual interest than the older housing in the village, and there would be less variety in detailing such as roof lines and pitches than is found elsewhere in Flore. However, the proposed frontage dwellings would not be visually incompatible or jarring when considered within the wider streetscene, and would represent an appropriate transition between the older core of the village to the south and the more modern residential areas north of High Street. 13. The development of a “linear village green” incorporating and expanding on the existing wide grass verges along High Street, as well as the area around the balancing pond of the recent housing development east of the appeal site, is supported by Flore Parish Council and the 2016 Flore Neighbourhood Plan (“the FNP”).
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision The boundary for the village green defined in the FNP1 runs along the frontage of the appeal site. The proposed dwellings on plots 1 to 7 would be set around 2.6m behind the rear edge of the footway, so their short front gardens would be about the same depth as the adjoining grass verge. Based on all the evidence I have seen I am of the view that, subject to appropriate landscaping and boundary treatments which could be secured by condition, the proposed set back would strike an appropriate balance between the benefits of providing a green connection along High Street, as the parish council and FNP seek to do through the linear village green, and the benefits of a strong built frontage providing a visual link between the appeal site and the older parts of the village to the south. 14. In size and scale, the three detached dwellings at the rear of the site would be more in keeping with the housing north, east and west of the appeal site than with the older buildings to the south. They would be less prominent in views of and from the FCA than the dwellings on the High Street frontage, and so would represent another step in the transition between the FCA and the more modern character of the surrounding areas.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision The Council’s conservation officer commented in respect of the 5-bedroom house proposed for plot 8 that the 1 Map 4 in Policy F12 of the FNP https://www.gov.uk/planning-inspectorate 3
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision The Council’s conservation officer commented in respect of the 5-bedroom house proposed for plot 8 that the 1 Map 4 in Policy F12 of the FNP https://www.gov.uk/planning-inspectorate 3
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision Appeal Decision APP/Y2810/W/21/3272788 south facing elevation with integral garage “doesn’t present a very harmonious face to the site entrance”. However, its overall impact on the character and appearance of the wider area (and hence the FCA) would be reduced by the distance it would be set back from the road frontage, and by some screening vegetation (including a large mature tree) on the adjoining site to the east. While a dwelling of that scale and design would be unlikely to be acceptable on the frontage, its siting towards the rear of the site means that it would not be at odds with the character and appearance of the FCA. Consequently, it is my view that the size and scale of the three proposed detached dwellings would be acceptable. 15. In terms of materials, the dwellings on plots 1/2, 9 and 10 would be built of reclaimed red brick with tiled roofs, while those on plots 3 to 8 would be of ironstone with slate roofs. In these matters, the proposed development would be in keeping with the character and appearance of the wider village, and the FCA in particular. 16.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision I note comments about the proposed courtyard both in terms of its visual impacts, as a relatively large hard surfaced area, and the possible opportunities for crime which may be afforded by providing rear car parking areas for plots 1 to 7. Given the proximity of the front of the appeal site to the FCA, I consider that the benefits of providing a strong street frontage and relatively shallow front gardens which reflect the wider character of the FCA mean that the provision of a rear parking courtyard would be acceptable in this case. In terms of crime prevention, the parking spaces would be close to the living rooms and first floor bedrooms at the rear of plots 1 to 7, while plots 9 and 10 at the rear would have active frontages which would provide some natural surveillance over the parking spaces. Details of appropriate boundary and landscaping treatments, taking account of both visual impact and the need to reduce opportunities for crime, can be dealt with by conditions. 17. Taking all of these points together, the proposed development would not be harmful to the character and appearance of the area, and in my view the setting of the FCA would be preserved.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision I therefore conclude that the proposal complies with Policies S10, BN5 and R1 of the 2014 West Northamptonshire Joint Core Strategy (“the JCS”), Policies F2.1 and F5.1 of the FNP, and with Policies SP1, RA2, ENV7 and ENV10 of the 2020 Adopted Settlements and Countryside Local Plan for Daventry District (Part 2) (“the ASCLP”). These policies set out the spatial strategy for the area and seek to accommodate development of an appropriate scale in Secondary Service Villages such as Flore, including supporting housing development where it would result in environmental improvements through reusing previously developed land. They also seek to ensure that development is well designed, conserves and enhances the historic environment, provides active street frontages, and relates well to its surroundings in scale, massing and materials. For the same reasons I consider that the proposal complies with the requirements set out in paragraph 134 of the Framework and the 2019 National Design Guide. 18. The proposal would also comply with the provisions of the Framework which seek to conserve and enhance the historic environment.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision As I do not find that the proposal would cause harm to or loss of heritage assets, it is not necessary to apply the public benefit test set out in paragraph 200 of the Framework. https://www.gov.uk/planning-inspectorate 4
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision As I do not find that the proposal would cause harm to or loss of heritage assets, it is not necessary to apply the public benefit test set out in paragraph 200 of the Framework. https://www.gov.uk/planning-inspectorate 4
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision Appeal Decision APP/Y2810/W/21/3272788 Other Matters Community facility/loss of employment site 19. Flore Parish Council expressed strong concern that the proposal represented an unjustified loss of employment land which was also, as a petrol filling station with a small shop on site, identified in the FNP as a local community facility. It is clear from evidence provided by the former garage operator that the opening of the A45 bypass reduced the amount of traffic passing through Flore – and thus the passing trade on which the site depended – by a substantial amount. There appears to be no realistic prospect of an operator seeking to revive the former use on the site, and following the medium-term period over which the site has been vacant there is nothing before me to suggest either that an employment use, or any community use which the parish council may prefer, might realistically be forthcoming. When determining the planning application the [district] Council therefore concluded that the proposed use of the site for housing would be acceptable in principle.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision While I acknowledge the parish council’s concerns and comments, there is no substantive evidence on this matter which would lead me to conclude that the use of this site for housing would not be acceptable. Listed buildings 20. The appeal site is close to several of the village’s many listed buildings, and could sensibly said to form part of the setting of two – Yew Tree Cottage and the War Memorial, both of which are Grade II listed and on the south side of High Street within the FCA. While these were not referred to in the Council’s decision notice, I nevertheless have a statutory duty to have special regard to the desirability of preserving the setting of listed buildings. 21. Yew Tree Cottage is an eighteenth century two-storey dwelling of coursed ironstone with a plain tiled pitched roof enclosed by stone parapet gables surmounted with brick chimney stacks. It is set behind a boundary wall and hedgerow facing High Street, and as a consequence it is mostly seen and appreciated in close up views. Because of this narrow focus, I consider that the setting of the cottage would remain essentially unaltered by the appeal proposal.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision The War Memorial is a substantial stone monument topped by a white marble military cross, erected in 1923. It is set on the wide High Street grass verge, and has a low-level stone wall surround with two groups of flagpoles, one on either side. It is a prominent feature in views when passing through Flore, and its setting therefore extends some way east and west along High Street. It is currently seen against the vacant appeal site when approaching from the east, and in my view the proposed residential development would provide a more attractive backdrop for the War Memorial than the vacant garage site does present. I am therefore satisfied that the setting of both of these listed buildings would be at least preserved. Planning Obligation 22. The submitted UU makes various provisions in respect of the proposed development. The agreement is dated 13 August 2021, and is signed and executed as a deed. The Framework sets out policy tests for planning obligations; they must be necessary to make the development acceptable in planning terms, directly related to the development and fairly and reasonably https://www.gov.uk/planning-inspectorate 5
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision Appeal Decision APP/Y2810/W/21/3272788 related in scale and kind to the development. The same tests are enshrined in the statutory tests set out in Regulation 122 of the CIL Regulations2. 23. The affordable housing obligation seeks to secure the provision of 4 affordable housing units (3 affordable rent units, 1 shared ownership unit) to be transferred to a registered provider of social housing prior to the occupation of more than 50% of the open market dwellings. It also defines criteria for eligibility for the affordable housing in line with the Council’s requirements that local people and those most in need of the affordable housing are prioritised. The provision of affordable housing secured by the UU would be in accordance with Policy H2 of the JCS, and I am satisfied that the obligation meets the statutory tests. 24. The public open space obligation secures a financial contribution of £17,173.30 towards the provision and enhancement of public open space within and close to Flore. This obligation is in accordance with Policy CW2 of the ASCLP supported by advice in the Council’s 2013 Infrastructure and Developer Contributions Supplementary Planning Document. As such I am satisfied that it meets the statutory tests.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision 25. The libraries obligation secures a financial contribution of £2,357 towards the improvement, enhancement or expansion of library facilities to serve the occupiers of the development. This obligation is sought by Northamptonshire County Council on the basis of a per dwelling cost calculated to a standard formula. I am satisfied that it meets the statutory tests. Conditions 26. I have considered the conditions suggested by the Council having regard to the tests in the Framework and the advice in the Planning Practice Guidance. I have also had regard to the appellant’s “final comments” submitted on 8 July 2021, which confirmed that the conditions suggested by the Council, including those which would be pre-commencement conditions, were acceptable. Where necessary I have made minor alterations to the wording in the interests of clarity and effectiveness. 27. In addition to the standard time limit condition (1), in the interests of certainty it is appropriate that there is a condition requiring that the development is carried out in accordance with the approved plans (2). 28.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision To protect to the living conditions of neighbours, to prevent pollution and disturbance to the local area, and in the interests of highway safety, conditions to control matters during the construction period (3 and 4) are necessary. 29. Conditions to control surface and foul water management and drainage, and to ensure that the finished floor levels of dwellings are at or above a safe level identified in the submitted Flood Risk Assessment (5-7) are necessary to safeguard against flood risk in accordance with the requirements of paragraph 167 of the Framework, to protect the environment, and to protect living conditions of future occupiers. 30. A condition requiring the approval and implementation of a scheme for the provision of at least one fire hydrant within the development (8) is necessary in the interests of future occupiers’ safety, while conditions in respect of 2 Community Infrastructure Levy Regulations 2010 (as amended) https://www.gov.uk/planning-inspectorate 6
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision Appeal Decision APP/Y2810/W/21/3272788 contamination (9 and 10) are necessary in the interests of environmental protection and public safety. 31. Conditions requiring the approval of details of road and building levels, external materials, street lighting, landscaping and boundary treatments (11 to 16) are necessary to protect the character and appearance of the village and, in the case of lighting and boundary treatments, in the interests of crime prevention and protecting living conditions of neighbouring and future occupiers. 32. A condition in respect of water consumption (17) is necessary in the interests of efficiency and to comply with Policy HO8 of the ASCLP. A condition requiring obscured glazing to be used on the side elevation of plot 10 (18) is necessary to protect the privacy of neighbouring occupiers and occupiers of the approved dwelling. 33.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision A condition requiring the reinstatement of the footway across the former garage entrance (19) is necessary in the interests of pedestrian safety, and to protect the character and appearance of the area (including the Linear Village Green designate din Policy F12 of the FNP), and a condition requiring the provision and retention of car parking spaces (20) is necessary to ensure adequate off-road parking is provided in the interests of residential amenity and highway safety. 34. Paragraph 54 of the Framework states that planning conditions should not be used to restrict national permitted development rights unless there is clear justification for doing so, and the PPG advises that conditions restricting the future use of permitted development rights or changes of use “may not pass the test of reasonableness or necessity”3. In this case, I consider that it is necessary to remove certain permitted development rights including those in respect of extensions, roof alterations, and outbuildings, walls, and solar installations, in order to protect the character and appearance of the area, and in order to control the effect of the development on the setting of the FCA and nearby listed buildings.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — Appeal Decision As such, a condition restricting the permitted development rights of the dwellings (21) would be in accordance with the Framework and the PPG. Conclusion 35. There are no material considerations that indicate the application should be determined other than in accordance with the development plan. For the reasons given above, I therefore conclude that the appeal should be allowed.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan Inspector 3 Paragraph: 017 Reference ID: 21a-017-20190723 https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/Y2810/W/21/3272788 Schedule 1: Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) Except where expressly stated by other conditions on this planning permission, the development hereby permitted shall be carried out in accordance with the approved plans listed Schedule 2.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan Appeal Decision APP/Y2810/W/21/3272788 Schedule 1: Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) Except where expressly stated by other conditions on this planning permission, the development hereby permitted shall be carried out in accordance with the approved plans listed Schedule 2.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan 3) Prior to commencement of development, a Construction Management Plan, shall be submitted and approved in writing by the Local Planning Authority which includes the following details: i) a construction method statement, which shall include a scheme for the management of noise and vibration for piling and construction works; ii) details of parking and turning for contractors and HGVs; iii) details of wheel washing facilities and precautions undertaken to prevent the deposit of mud and other debris from vehicles leaving the site onto the public highway; iv) details of a scheme of dust management; v) details of any temporary lighting, including the type, number, location, illumination details and hours of use; vi) details of the security arrangements for the site during construction, including details of temporary fencing; vii) details of the monitoring arrangements; and viii) There shall be no high frequency audible reversing alarms used on the site. The Construction Management Plan shall thereafter be implemented in accordance with the details so approved and the approved measures shall remain in place for the duration of the development, unless the Local Planning Authority gives its written consent to any variation.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan 4) No construction work (including deliveries to or from the site) that causes noise to be audible outside the site boundary shall take place on site outside of the hours of 08:00 and 18:00 Mondays to Fridays, and 08:30 and 13:00 on Saturdays, and at no times on Sundays and Bank Holidays. 5) Prior to commencement of development, full details of the surface water drainage scheme for the site, based on the submitted Flood Risk Assessment and Drainage Strategy Revision D reference: 19/37075 dated 25 September 2020 prepared by DSA shall be submitted to and approved in writing by the Local Planning Authority. The details of the scheme shall include: i) Details (i.e. designs, diameters, invert and cover levels, gradients, dimensions etc.) of all elements of the proposed drainage system, to include any pipes, inspection chambers, outfalls/inlets and soakaways; ii) Details of the drainage system are to be accompanied by full and appropriately cross-referenced supporting calculations; iii) Cross section of control chambers and manufacturers hydraulic curve for the flow control; https://www.gov.uk/planning-inspectorate 8
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan Appeal Decision APP/Y2810/W/21/3272788 iv) A detailed scheme for the ownership and maintenance for every element of the surface water drainage system proposed on the site, with evidence that the organisation/body has agreed to such adoption/ maintenance. The surface water drainage scheme shall thereafter be implemented in accordance with the details so approved. 6) No occupation shall take place until a verification report for the installed surface water drainage system for the site based on the submitted Flood Risk Assessment and Drainage Strategy Revision D reference: 19/37075 (dated 25 September 2020, prepared by DSA) and other details agreed by condition 5 of this planning permission has been submitted by a suitably qualified independent drainage engineer and approved in writing by the Local Planning Authority. Any departure from the agreed design is keeping with the approved principles.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan The details to be submitted shall include: a) Any “as-built” drawings and accompanying photos; b) Results of any performance testing undertaken as a part of the application process (if required/necessary); c) Copies of any statutory approvals (such as Land Drainage Consent for Discharges etc.); and d) Confirmation that the system is free from defects, damage and foreign objects. 7) Notwithstanding the submitted details and prior to commencement of the development, full details of a foul drainage scheme for the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. Foul drainage shall thereafter be provided in accordance with the details so approved. 8) Prior to commencement of the development hereby permitted, details of scheme to show the provision of at least one fire hydrant to serve the approved development shall be submitted to and approved in writing by the Local Planning Authority. The fire hydrant shall thereafter be provided in accordance with the details so approved before any of the dwellings hereby approved are first brought into occupation.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan 9) Remediation shall be carried out for the site in accordance with the contamination remediation scheme approved as part of DA/2019/0356 and C/2019/0356 and a written closure report shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any of the approved dwellings and prior to the completion or landscaping of the any of the approved gardens, access roads and other hard and soft landscaped areas. The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved remediation scheme, and confirmation of the effectiveness of the scheme in ensuring the site does not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the use of the land as dwellings and gardens. Post remediation sampling and monitoring results shall be included in the closure report. https://www.gov.uk/planning-inspectorate 9
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan Appeal Decision APP/Y2810/W/21/3272788 10) If during development, contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspected contamination has been submitted to and agreed in writing by the Local Planning Authority, and the implementation of any necessary remediation works has taken place and a verification report has been approved by the Local Planning Authority. 11) No development shall commence for construction of roads and buildings on site until details showing the slab levels of all buildings, roads and gardens in relation to the existing and proposed levels of the site and the surrounding land have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan 12) Notwithstanding the submitted details (including the materials and finish details indicated on the submitted Proposed Street Elevations) and prior to construction works above slab level, samples of the external roofing and facing materials (including materials, colour, finish and joinery details for the windows and doors) to be used for all buildings shall be submitted to and approved in writing by the Local Planning Authority. Traditional materials shall be used for the units facing High Street (Plots 1 to 7). The development shall thereafter be carried out in accordance with the details so approved, unless the Local Planning Authority gives its written consent to any variation. 13) Details of any street lighting for the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority, prior to construction of the on-site access roads, footpaths and parking areas. The details to be submitted shall include details to show the design, number, location of the proposed lighting and information to show the beam orientation, luminaire type, mounting height, and luminaire profiles.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan Street lighting shall thereafter be provided in accordance with the approved details before the dwellings are first brought into occupation. 14) Notwithstanding the details shown on the submitted drawings, a full landscaping scheme for the site and the gardens of the approved dwellings shall be submitted to and be approved in writing by the Local Planning Authority no later than within 3 months of commencement of the development. The front gardens of the houses facing High Street (Plots 1 to 7) shall be laid with grass/lawn. The landscaping scheme shall thereafter be implemented in accordance with the details so approved no later than within the first planting season following first occupation of the development. 15) If within a period of 5 years from the date of the planting of any tree or shrub it, or any planted in replacement for it, is removed, uprooted, destroyed or dies (or becomes in the opinion of the Local Planning Authority seriously damaged or defective) replacement planting of the same species and size, in the same location as that originally planted shall be provided, unless the Local Planning Authority gives its written consent to any variation. https://www.gov.uk/planning-inspectorate 10
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan Appeal Decision APP/Y2810/W/21/3272788 16) Notwithstanding the submitted details, and before any of the dwellings hereby permitted are first occupied, details of the boundary treatment for all perimeter boundaries of the site and the gardens of the individual properties shall be submitted to and approved in writing by the Local Planning Authority. The details to be submitted shall include the height, design and type of fencing to be provided/retained. Boundary treatment shall thereafter be provided in accordance with the details so approved before any of the dwellings hereby permitted are first brought into occupation. 17) The dwellings hereby permitted shall be designed to achieve a water consumption rate of no more than 110 litres per person per day. No dwelling hereby permitted shall be occupied until a final Building Regulations Completion Certificate (or equivalent) has been submitted to and approved in writing by the Local Planning Authority to demonstrate that it has been constructed to incorporate measures to limit use of water consumption to no more than 110 litres per person per day.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan 18) Before Plot 10 hereby permitted is first occupied, the first-floor bathroom window in the west facing elevation of Plot 10 shall be fitted with obscured glazing to prevent overlooking on the neighbouring premises/ gardens and the obscured glazing in the windows shall thereafter be retained in perpetuity and shall not be reinstated to clear glazing or be altered without the prior express written consent of the Local Planning Authority. (Replacement of the glass of an identical obscured type would not necessitate the Local Planning Authority being notified). 19) The existing dropped kerb/vehicular entrance point serving the former garage site towards the west side of the front boundary of the site to High Street (in front of Plots 1 to 5) shall be reinstated to a full footway/ pavement which shall be constructed level with the existing footpath pavement areas on both sides. Such off-site footway improvement works shall be carried out prior to completion of the access road/driveways and parking areas to serve the dwellings hereby approved or prior to the first occupation of Plots 1 to 5, whichever is the sooner.
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan 20) The vehicular access, driveway and car parking spaces (including visitor car parking spaces) hereby permitted shall be fully constructed prior to the completion of the development. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as Amended (or any Order amending or re-enacting that Order with or without modification), the car parking spaces and garaging facilities hereby approved shall thereafter be retained for car parking purposes in perpetuity for the individual plots in accordance with the details shown on drawing number 352A09-101 Revision K Proposed Site Layout. 21) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as Amended (or any Order amending or re-enacting that Order with or without modification), there shall be no development within Classes A, AA, B, C, D, E, F, of Part 1 of Schedule 2 to that Order (relating to development within the curtilage of a dwellinghouse), Class A Part 2 of Schedule 2 (relating to gates, walls and fences) and Classes A & B of Part 14 of Schedule 2 (relating to installation of solar equipment). [End of Schedule 1] https://www.gov.uk/planning-inspectorate 11
Garage, 81 High Street, Flore, Northamptonshire, NN7 4LW — Daventry District Council * — M Cryan Appeal Decision APP/Y2810/W/21/3272788 Schedule 2: Approved drawings Drawings submitted to the Local Planning Authority on 8 December 2020: • 352A09-112 Revision D Plot 8 St. Andrews – Plans • 352A09-114 Revision E Plot 10 Sunningdale – Plans • 352A09-116 Revision A Plot 1 (AS) & 2 (Handed) 3B - Plans • 352A09-117 Revision A Plot 3 (AS), 4 & 5 (Handed) 3C – Plans • 352A09-118 Revision A Plot 6 (AS) & 7 (Handed) 2C – Plans • 352A09-119 Revision A Plot 9 Type L – Plans • 352A09-203 Revision C Plot 8 St. Andrews – Elevations • 352A09-205 Revision D Plot 10 Sunningdale – Elevations • 352A09-207 Plots 1 & 2 3B Elevations • 352A09-208 Plots 3, 4 & 5 3C – Elevations • 352A09-209 Plots 6 & 7 2C – Elevations • 352A09-212 Plots 9 Type L – Elevations Drawing submitted to the Local Planning Authority on 7 January 2021 • 19–37075/55 Revision P1 Swept Path Analysis Drawings submitted to the Local Planning Authority on 4 February 2021 • 352A09-100 Revision A Location Plan • 352A09-101 Revision K Proposed Site Layout • 352A09-210 Revision E Proposed Street Elevations • 352A09-211 Revision B Proposed Street Elevations [End of Schedule 2] https://www.gov.uk/planning-inspectorate 12
Main issues and findings
Heritage impact Against appellant ¶6
The Framework states that heritage assets should be conserved in a manner appropriate to their significance and that any harm or loss requires clear and convincing justification. The proposed development would not cause harm to or loss of heritage assets.
Character and appearance For appellant ¶12
The proposed frontage dwellings would not be visually incompatible or jarring when considered within the wider streetscene, and would represent an appropriate transition between the older core of the village to the south and the more modern residential areas north of High Street.
Living conditions Neutral ¶16
The provision of a rear parking courtyard would be acceptable in this case, as the benefits of providing a strong street frontage and relatively shallow front gardens would outweigh the potential for crime.
Green belt Neutral ¶None
Not relevant to this case, as the site is outside the Green Belt.
Affordable housing For appellant ¶23
The affordable housing obligation would provide 4 affordable housing units, which would be in accordance with Policy H2 of the JCS.
Planning obligations For appellant ¶23
The public open space obligation and the libraries obligation would also be in accordance with the relevant policies.
Conditions Neutral ¶26-34
The conditions suggested by the Council are acceptable, and the Inspector has made minor alterations to the wording in the interests of clarity and effectiveness.
Policies relied on
| Reference | Weight |
|---|---|
| Policies S10, BN5 and R1 of the 2014 West Northamptonshire Joint Core Strategy |
Determinative |
| Policies F2.1 and F5.1 of the FNP |
Substantial |
| Policies SP1, RA2, ENV7 and ENV10 of the 2020 Adopted Settlements and Countryside Local Plan for Daventry District (Part |
Moderate |
| Paragraph 134 of the Framework and the 2019 National Design Guide |
Limited |
Site constraints from the Casework Database
Source
Decision letter, 12 pages, issued by the Planning Inspectorate on 19 October 2021 under the Open Government Licence.