Agenda item

Demolition of existing buildings and erection of 19 no. dwellings.

The Committee considered a report of the Senior Planning Officer regarding the demolition of existing buildings and erection of 19 dwellings at the Arriva Bus Depot site off Waddington Street and Ainsley Street, Durham City (for copy see file of Minutes).

The Senior Planning Officer gave a detailed presentation on the application which included photographs of the site.  Members had visited the site earlier in the day and were familiar with the location and setting.

Councillor Holland informed the Committee that he wished to speak on the application as both a Committee Member and as local member for the area.  He informed the Committee he would make his presentation and then take no part in the decision.

Councillor Holland informed the Committee that there was no resistance in principal to the development, but there was concern in the detail, and it was these concerns that needed to be addressed.

Flass Vale was a very important asset to the people of Durham City, and was important to people far beyond the City centre.  The Vale had a rich history and was now protected by being a recognised Nature Reserve, with many people and organisations, including the County Council, now investing in its welfare.

Councillor Holland informed the Committee of his concerns around the detail of the application, as follows:

• Tree Preservation Orders should be placed on trees along the margin of the development to ensure that developers did not encroach into the Vale and damage the trees;
• A buffer zone between the houses or mews that faced the Vale needed to be devised.  This might involve an adjustment to the plans to create communal space for the residents at the interface with the Vale;
• The impact of light pollution on the animal night life in the Vale needed to be addressed.  One suggestion would be the erection of a substantial wall between the site and the foot of the Vale, or alternatively, mature hedging.
• Drainage was a problem in the Vale and from there into the City.  The Vale once held a stream running down from a small lake at the head of the Vale into North Road.  Drainage measures carried out in North Road lowered the water table in the Vale and the small lake and stream disappeared.  The ground under the Vale was unstable and could cause problems, and this risk needed to be properly addressed.

Councillor Holland informed the Committee that there was currently a raft of protective Local Plan policies that addressed the four concerns raised.  However, another major point of concern was that the proposed development was in the heart of student lets.   Almost every house in the viaduct area was a student let, and a mechanism must be put in place to protect the integrity of this development and ensure it became a small community of families.

Finally, Councillor Holland informed the Committee that there was the potential for a series of developments in the immediate vicinity of this site, with opportunities opening up at the site of the former Fred Henderson garage, the Elliott site on Ainsley Street and the old County Hospital.  This made a swathe of potential developments in a small area at the foot of Flass Vale.  These should not be approached in a piecemeal fashion, but in a strategic manner to ensure a plan was in place that both harmonised and optimised the developments while also protecting the Vale.

The Senior Planning Officer responded to the issues raised by Councillor Holland as follows:

• Tree Preservation Order – there was already a condition proposed to agree precise works to be carried out to trees because the site was in a Conservation Area and subject to existing Tree Preservation Orders.  Once the site was developed, the exiting Tree Preservation Orders would remain.
• Buffer Zone – although a redesign of the site layout could not be agreed today, landscaping conditions could be imposed to mitigate the impact of the development and provide a buffer zone.
• Light pollution – although there was currently no conditions around lighting, these could be included in the permission.  However, a standard of lighting would be required for adoption of the roads on the development, and although discussions could be held with street lighting engineers, there was a limit on what could be done.
• Drainage – no objections to the development had been received from Northumbrian Water or The Environment Agency.  Appropriate conditions would be imposed for works required to sewers and culverted watercourses.
• HMO’s – the developer of the site was committed to imposing a covenant on the properties to ensure they did not become HMO’s nor student occupied.

Mrs Standen, Chairperson of the Friends of Flass Vale FOFV), addressed the Committee.  The Friends of Flass Vale was a community group which had over 240 members, and the concerns of FOFV about the proposed housing development centred on its impact on Flass Vale which adjoined it.  The Vale was a Local Wildlife site and the part owned by the County Council was a Local Nature Reserve.  However, this site the two adjacent sites of Heron's/Henderson's former garage, Ainsley Steet, which had plans submitted for a student accommodation block, and the former County Hospital were within sight of the city centre it was felt that this should be an opportunity for an integrated approach to development which would enhance the existing character of this part of the city, which was a Conservation Area, and help redress the degradation caused by excessive multiple occupancy and resulting neglect.

Local people mounted a successful campaign in 1973 to save Flass Vale from a housing development and since the friends group was formed in 2002 it had been actively managed to enhance biodiversity and engage local people in activities such as identification of plants, moths, butterflies, bees, fungi, birds and bats, and other events such as a communal picnic, restoration of an old orchard and hedges, spring clean-up and tree planting.  A task force worked 2 or 3 mornings a week, resulting in over 1,400 person hours in the last 12 months, to reduce the extent of invasive plants such as bracken, willowherb and Himalayan balsam, repair footpaths, diversify woodland and maintain open areas as meadow grassland.  Money had been raised from coffee mornings and sale of calendars and grants received from the County Council, BBC Breathing Spaces, TransPennine, Woodland Trust, Environment Agency and Northern Gas, totalling £18,000 over 6 years.

Members had attended a public consultation mounted by the applicants, a meeting with a member of the Planning Department and a site meeting with a representative of the applicant where concerns were explained about the impact of the proposed development.  These meetings, which were felt to be positive and constructive, resulted in a revised plan being submitted which addressed some of those concerns.

The main concerns about the development remained as follows:

• The threat to mature beech trees on the western boundary – there should be greater protection for these trees, with no disturbance to the embankment or pruning.
• There was a lack of a buffer zone between the houses and the Local Nature Reserve (LNR) – there should be a gap between the last house and the northern boundary as a communal space for residents
• Light and noise pollution from houses would disturb animals such as owls and badgers, which could be mitigated by reduced lighting and a substantial wall between the site and the LNR
• The house design with 4 bathrooms and en-suite bedrooms invited multiple occupancy.  The existing mains sewer ran through the LNR adjacent to Flass Burn and had burst 4 times in the last 4 years, and assurance was sought that an adequate sewerage system was installed.
• the piecemeal approach to development within the Conservation Area did not maximise the potential for planning gain.  There was a unique opportunity for planning the development of this site as a holistic approach which would recognise and enhance the significance of the area for Durham as a whole, and which included substantial planning gain.

The Senior Planning Officer informed the Committee that he had met previously with the Friends of Flass Vale, who were not looking to obstruct the development but had concerns regarding its detail.  The matters raised by Mrs Standen had previously been responded to.

Emma Bond addressed the Committee on behalf of the applicant, Gentoo.  She informed the Committee that Gentoo had been granted preferred bidder status for this site by Arriva, despite them not being the highest bidder for the site.  Gentoo currently managed 29,000 affordable homes.  Work between Gentoo, Arriva and the County Council had taken place to agree the provision of 3 affordable homes on the site, as well as a contribution to recreational and play space and for public art.  The applicant was now working on the basis of a reduced a reduced house profit basis for this site.  Community consultation on the proposed development had resulted in a 100% response in favour of the site being for family residential development.  Gentoo was committed to the development not being available as student accommodation.

The development, which would provide a £2.5m boost to the construction industry, could commence in March 2013.  It would provide 2 new construction apprenticeships and 2 construction posts would be recruited from the local jobs market.

The application was a high quality development which delivered affordable housing and had the support of the local community.

Councillor Taylor informed the Committee that he was in broad support of the application but suggested that further negotiation take place with the applicant around increasing their contribution towards recreational and play space.

Councillor Blakey informed the Committee that she supported the application.  While appreciating that the trees in the Flass Vale area were subject of Tree Preservation Orders, she stressed the need to ensure that these were enforced.  Councillor Blakey proposed that an additional condition be added to the permission to prevent any change from C3 to C4 development on the site.

Councillor Bell agreed with the importance of protecting Flass Vale and associated woodland and praised the ethics of the applicant regarding the use of local employment and local materials.  He moved that the application should be approved, subject to an additional condition to prevent any change from C3 to C4 development, the implementation of a buffer zone at the development and conditions to be placed on lighting on the development.  He added that the development should have 3.8 affordable homes rather than 3, and suggested that negotiation take place with the developer to provide an additional contribution equivalent to the 0.8 home.

Emma Bond informed the Committee that Gentoo’s initial bid for the site was on the basis of no affordable housing being provided.  Since then, negotiations had taken place with the County Council and Arriva to allow for 3 affordable homes to be provided, however, this now meant that the developers were operating to minimum margins, and any further affordable housing may result in the development not being viable.  Although Gentoo would consider further financial contribution, the likelihood was that none would be forthcoming.

Resolved:

That the application be approved, subject to the conditions outlined in the report and the following:

• an additional condition to prevent any change from C3 to C4 development
• negotiations on site layout to create a buffer zone with Flass Vale
• further discussions regarding lighting used on the development
• further negotiations on the level of financial contribution to be made by the developers.