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PLANNING RULES APPLIED INCONSISTENTLY IN NORTH EAST CONSERVATION AREAS

Oct 08

 

The Friends of the Conservation Area (FCA) has published research which demonstrates that councils across the region are failing to take a consistent approach towards planning applications in conservation areas.

 

The findings of this study – the results of which are published below – indicate that the protection afforded to conservation areas by authorities across the North East varies widely. This is further highlighted by the fact that 40% of all councils throughout the region do not centrally record information concerning developments in these areas.

 

Local authorities have the power to designate conservation areas in any area of 'special architectural or historic interest' whose character or appearance is worth protecting or enhancing. This 'specialness' is judged against local and regional criteria, rather than national importance as is the case with listed buildings. Within a conservation area the local authority has extra controls over demolition, minor developments and the protection of trees (see editor’s notes*).

 

The study reports as follows:

 

Name of Council

How many conservation areas?

No of residents per Conservation Area

How many approvals given go ahead in 2007-8?

Average number of approvals per conservation area

Alnwick District Council

15

2,005

140

9.3

Berwick-upon-Tweed Borough Council

12

2,227

Data not collated

-

Blyth Valley Borough Council

6

13,264

23

3.8

Castle Morpeth Borough Council

14

3,592

Data not collated

-

Chester-le-Street District Council

2

26,321

Data not collated

-

City of Sunderland Council

14

20,645

8

0.6

Darlington Borough Council

6

16,484

186

31.0

Derwentside District Council

16

5,377

Data not collated

-

District of Easington Council

4

24,456

Data not collated

-

Durham City Council

14

5,762

242

17.3

Gateshead Metropolitan Borough Council

22

9,072

157

7.1

Hartlepool Borough Council

8

11,301

124

15.5

Middlesbrough Council

6

23,474

Data not collated

-

Newcastle City Council

11

23,594

Data not collated

-

North Tyneside Council

17

19,228

Data not collated

-

Redcar and Cleveland Council

17

1,440

97

5.7

Sedgefield Borough Council

15

6,035

48

3.2

South Tyneside Council

11

14,063

103

9.4

Stockton-on-Tees Borough Council

11

15,810

30

2.7

Teesdale District Council

22

1,094

140

6.4

Tynedale Council

19

3,014

Data not collated

-

Wansbeck District Council

3

20,241

30

10.0

Wear Valley District Council

20

3,137

143

7.2

 

 

Commenting on the findings, David Sheen, deputy chairman of the FCA said: “Our research shows that conservation areas in the North East are subject to numerous planning applications and that councils pass these applications in different proportions. Conservation areas are strongly supported by local communities which often urge local councils to reject applications within them.

 

What is needed is a consistent approach to conservation areas, with local councils considering the creation of more as their communities grow and develop. Local councils should also start to collate data and analyse development trends within the conservation areas that already exist. Throughout our research most councils did not flag up conservation area proposals in the same way as, say, those connected to listed buildings and it was difficult to distinguish them from planning proposals anywhere else. The status of these areas is important to our townscape and too few councils are actively defending them at a time when developments of differing quality and integrity are being proposed.”

FCA WINS AT DARLINGTON COUNCIL
 
The friends of the Conservation area won its case when opposing the new application to develop executive homes at 64 Middleton Lane. After an hour and a quarter of debate the Council's planning committee threw out the application. The text of remarks to the committee by FCA chairman, Graham Robb & deputy chairman David Sheen, follows:

 

I am here as Chairman of the Friends of the Conservation Area. Hundreds of local residents are supporters or members. We want to oppose this application and we believe that this committee has sound reasons for agreeing with us.

 

Firstly, we suggest that this committee should look at this application in the contemporary environment of its recent decisions. It is true that the applicant was granted permission for back garden development on his property. But since then this committee has had time to reflect upon its own policy and as a result it has returned the council to the position of defender of the Conservation Area by refusing permission for similar developments at neighbouring properties.

 

This application is the middle house of three. It is in a wonderful herbaceous and green area containing numerous protected trees within a Conservation Area. When the council granted permission for backland development at this property a spate of other applications followed. These were heard after our local campaign started and the council, to its credit, turned them down.

 

Now this new application seeks to build large luxury homes at the expense of the combination of affordable homes and open market homes that the council granted permission for. A simple aerial view of the site demonstrates how easy it would be for the three neighbouring gardens to link up and form a larger development of substantial executive homes. All it needs is for the centre house to be granted permission today and the appeals against your recent decisions will be made so much easier.

 

The officer’s recommendation to this committee is already being cited in this appeal document by the applicant at number 63 Middleton Lane. If this appeal succeeds we fear that another development of a similar size to the nearby Thorntree House development, about which the council was criticised by the Ombudsman.

 

Unlike previous objectors, our group has had the benefit of professional advice from the respected consulting firm White Young Green Plc. From this advice we respectfully disgree with your officer’s report and suggest the application is wrong on a number of planning grounds:

 

  1. We believe the proposal  would have a detrimental impact upon the residential amenities of neighbouring properties and by reason of their scale and siting would therefore be contrary to policies H11 (design and layout of new housing development) and H13 (backland development) of the Darlington Local Plan 1997.
  2. We also believe the development and would be contrary to the objectives of Government policy on Planning and the Historic Environment and of the Planning (Listed Buildings and Conservation Areas Act) 1990.
  3. In order to allow traffic access the development will require the alteration of an attractive wall that dates back to the earliest days of the Conservation Area,
  4. The development would need to stand empty until Northumbrian Water starts and completes and upgrade of sewage treatment works. No start date has been given for this work.
  5.  The development would not have adequate access for fire service vehicles.
  6. The development will require the felling of existing trees, with an adverse impact on the character and visual appearance of the surrounding area.

 

The officer’s report quoted government guidance that “development of whatever scale should not be viewed in isolation”. We agree with that sentiment.

 

The council must not be mesmerised into granting permission for a larger development by stealth. You granted permission for mixed tenure development, the market has not enabled it to be built so the applicant comes back for different permission which, if granted would open up the whole site to properties which would encroach further into our Conservation Area.

 

We say, your policy discourages backland development. Your decisions since the local elections have stopped backland development. Our community applauds those decisions. We are all relying on you to continue saying: ‘enough is enough, the Conservation Area must be conserved.’

I am David Sheen. I live at 3 Cedar Grove, Middleton St George.

 

‘The proposed development would result in the loss of a substantial garden area, which together with other similar gardens nearby contribute towards the character and appearance of the Middleton One Row Conservation Area. The loss of this garden area and those of properties to the north for similar residential development would cumulatively erode the character of this part of the conservation area to its detriment. The development would thereby be contrary to Policies E29 (The Setting of New Development), H11 (Design and Layout of New Development) and H13 (Backland Development) of the Borough of Darlington Local Plan 1997 and Planning Policy Guidance Note 15 (Planning and the Historic Environment 1994)’.

 

This is the reason given by the Council for refusing an application for the erection of two detached houses to the rear of 63 Middleton Lane. An application for a detached dwelling to the rear of 65 Middleton Lane was also refused. The reasons were essentially:

 

1.      The development would be out of step with the character of the surrounding area.

2.      It would have a detrimental impact on the character and appearance of the conservation area

3.      It would have a negative impact on the street scene

4.      It would have a significant detrimental impact on the long term health and vitality of trees protected by tree preservation orders.

5.      It would be contrary to Darlington Borough Council policies H11, H13, E29, E8, E11, E12, E13, E21, E23 and to national guidance policy statements 1, 3, 9 and 15.

 

It also stated that there was insufficient information to assess the impact on local wildlife, particularly bats and owls.

 

The Planning Inspectorate has recently refused an appeal for erection of a detached dwelling in Church Lane, a short distance from the applicant’s property. The key reasons were the damage to the character and appearance of the Conservation Area and the damage to trees.

 

I have copies of the relevant decision details, should you wish to read them.

 

It is clear that, from a procedural and policy position, this application should not be approved. Indeed, some weeks ago, a senior member of the Planning Department suggested that, if such an application were submitted, it would be unlikely to succeed. I find it perverse that the Planning Officer is recommending this application for approval.

 

The Planning Officer suggests that this application should proceed as it has a neutral effect on the Conservation Area. This is not the case. I have here the artists impression of the property and a photograph taken from a similar angle. I would suggest that there is a significant effect! I also have a photograph, taken from the estate agents details, which shows the large mature garden which, by the Planning Department’s own admission characterises the conservation area and which will be destroyed by the development.

 

As you know permission has been granted for the development of three town houses and conversion of the existing property to four flats. This was granted subject to a Section 106 agreement requiring two affordable units which it could be argued creates an ethical case for the existing proposals. However, from a developers perspective, it does call into question the viability of the scheme. The new application, if granted, will not incorporate such an agreement, Furthermore, any future application for the redevelopment of the existing house into flats will also not require such a commitment.

 

 

H13 also states that tandem development cannot normally achieve satisfactory standards of design, privacy and access. The plans do impact on the privacy of 63 and 65 Middleton Lane. I note that the report does suggest that this loss of privacy can be overcome by use of obscured glass

 

The report states that ‘it will not be possible to achieve the advised visibility of 2.4m x 43m’. As a compromise, there is a suggestion that the wall be reduced to 1m. That may provide adequate visibility from a 4 x 4 vehicle – but not from a sports car.

 

Of great concern is that Fire Service access requirements are breached. They have suggested that they are happy with this as long as a residential sprinkler system is installed – which it is not proposed will be a pre-requisite of planning permission. Can you see a profit orientated, builder spending money on a sprinkler system which he is not bound to do?

 

I appreciate that the previous application was approved by Committee but understand that the decision was marginal and that some members were unable to attend. This is an entirely different application and I would ask that the committee follows the rationale displayed by the Council in rejecting similar applications from the owners of 63 and 65 Middleton Lane and that of the Planning Inspectorate and that proposals are rejected. Failure to do so will open the flood gates to appeals from other applicants whose proposals have already been rejected as well as encouraging further applications from those wishing to profit from the characteristic green space which makes the Conservation Area so special.

 

 

CONCERN OVER EXECUTIVE HOMES PLAN

 

27th June 08

 

The Friends of the Conservation Area in Middleton St George have hit out of Darlington Council’s recommendation to approve a controversial back garden development on Middleton Lane.

 

The proposed development in the grounds of 64 Middleton Lane is to build two executive homes. A previous application for 3 new homes at this address was approved recently but the applicant has submitted a new proposal. There is real concern from local residents that in light of the credit crunch two homes will be easier to sell and develop, furthermore that granting permission result will be appeals by neighbouring properties which have had similar proposals turned down will be granted. If the appeals are successful a new housing estate will be developed by stealth with Middleton Lane being freed up for intensive back garden development.

 

Chairman of the Friends of the Conservation Area, Graham Robb, said: “The council has the chance to right the wrong decision to grant planning on this site made earlier by refusing further permission. It is clear that in today’s economic climate the planning they originally granted will be difficult to carry through to development. If they now agree to grant permission for executive homes they will enable this back garden to be developed and open up their decisions on neighbouring properties to appeals. The real danger is the council could allow a significant housing development by stealth.”

 

There is genuine disappointment at the officer’s recommendation to approve this application. It is inconsistent with recommendations on neighbouring properties and completely against the council’s policy on back garden development. Officers really do need to weigh the views of local residents more heavily and show determination to protect the Conservation area that makes the village so special.”

 

ENDS

PLANNING DECISION WELCOMED IN MIDDLETON ST GEORGE

28th April 08

 

The Friends of the Conservation Area in Middleton St George has welcomed the decision by Darlington Council to refuse planning permission to develop executive houses in the garden of 63 Middleton Lane.

 

Following widespread opposition and a detailed report commissioned by the Friends of the Conservation Area the Council has turned down the application on the grounds of 'cumulative impact on the conservation area'.

 

Commenting on the decision, FCA spokesman Graham Robb, said: “This is great news, not just for this application specifically but for any applications for further development in the Conservation Area. Darlington Council has listened and adopted the correct approach, we hope to build on this and engage the Council on how they can work with local residents to defend and improve Conservation Areas.

 

Whilst we can rightly be proud of this decision, we need to keep the campaign going. Other applications have been resisted both for Castle Close and further development at Thorntree House. We need to continue to fight for the preservation of the Conservation Area.”

 

It remains possible that an appeal will be lodged by the applicant but the FCA will use its new found voice to ensure that Government officials know we support the Council’s decision.

 

ENDS

 MEDIA RELEASE

 

 

14th April 08

 

The Friends of the Conservation Area in Middleton St George have welcomed the support of the Middleton St George Parish Council in their opposition to ‘backland’ development proposals in the village’s Conservation Area.

 

The two proposals being considered were at 63 Middleton Land and Castle Close. Both involved residential properties being built in gardens (or a former garden in the case of Castle Close).

 

Residents who support the group were represented by Graham Robb and David Sheen. Members of the Parish considered the applications and unanimously agreed to recommend refusal when the applications are heard by the local planning authority, Darlington Borough Council.

 

In addition the group had chance to share its report by respected consultants White Young Green, and received a welcome contribution of £500 from the Parish towards the £1175 cost of preparing the report.

 

Commenting on the meeting Graham Robb said: “We were delighted that the Parish unanimously agreed to object to the Conservation Area applicants and to give a small grant towards the cost of the report. The grant is £500, a substantially contribution. We are all very grateful, it demonstrates the real determination of the people of the village to cherish and defend our Conservation Area.”

 

He added: “Our group is determined to present a positive and professional case for rejecting further damaging development in the Conservation Area and have give both the Parish Council and Darlington Council a detailed report explaining all the valid planning and legal reasons why these applications should be rejected and further attempts to develop resisted.”

 

 

ENDS

Contact Graham Robb: 01325 363436

MEDIA INFORMATION

CONTACT GRAHAM ROBB 01325 363436

 

INDEPENDENT REPORT PUBLISHED INTO DEVELOPMENT PROPSALS FOR MIDDLETON ST. GEORGE

 

 

10th April 2008

 

An independent report from the nationally recognised consultancy firm White Young Green has been published by the Friends of the Conservation Area in Middleton St George, Darlington. The group held a well attended neighbourhood meeting last night (9th April 08) at which the report’s contents were discussed and decisions were taken to formally object to a spate of planning applications for garden development in the Conservation Area.

 

The report focuses upon a development proposal at number 63 Middleton Lane but sets out in devastating detail the solid planning and policy reasons why garden or ‘backland’ development should be stopped in the Conservation Area.

 

The report highlights:

 

  • The detrimental affect of garden development on trees, woodland and hedgerows
  • Damage to the intrinsic character of the townscape
  • Conflict with local Parish plan
  • Parking and access requirements
  • Planning and sustainability issues in relation to transport and infrastructure

 

The report sets out how ‘backland’ development can be deemed to break the Planning (Listed Buildings and Conservation Areas) Act 1990; can be contrary to national planning policy guidance, contradicts existing policy statements of Darlington Borough Council and is in conflict to the local plan of the Parish Councils.

 

Commenting on the report, Graham Robb, of the Friends of the Conservation Area, said: “This is an authoritive report that demolishes many of the arguments for allowing ‘backland’ development in our local conservation area. The council have started to consider the importance of the Conservation Area after years of development. A recent decision to refuse a proposal to build a detached house in a back garden on Middleton Lane suggests that officials understand the issues involved. Local residents are determined to press on with opposition to a spate of other development proposals which run counter to preserving and enhancing the Conservation Area.”

 

He added: “Our group has received widespread support in the neighbourhood with dozens of formal objections already submitted to Darlington Borough Council. These objections can now be added to a detailed independent report which will be used time and again to support our case that the time has come to stop further development of this type.”

 

The full text of the report is available on www.friendsofconservationarea.co.uk

 

ENDS

 

EDITORS NOTE:

 

White Young Green is an international multi-disciplinary consultant to the built, natural and social environment, with over 3000 staff located in more than 30 offices providing a comprehensive and co-ordinated range of high quality socio economic, planning, environmental, engineering, surveying and management services to a diverse range of clients in the public and private sectors.

 

Text of report follows in Campaign Information section:

MEDIA RELEASE

 

MIDDLETON ACTON GROUP FORMED TO DEFEND CONSERVATION AREA

 

19th March 2008

 

Residents in Middleton St George and Middleton One Row have started a new action group which will oppose the development of more homes on garden sites on Middleton Lane. The group aims to defend the Middleton One Row Conservation Area which embraces an area from the River Tees to the heart of Middleton St George.

 

On Middleton Lane a row of three households are proposing or have had granted permission to use their gardens to develop luxury homes and town houses. If taken as a whole the plot that the three homes sit on would constitute a significant development, instead the applications are being heard separately resulting in a serious attack on the integrity of the conservation area.

 

The new action group was formed with strong local support and has already managed to raise funds to commission a professional report to provide legal and planning grounds to oppose the plans.

 

Residents all had different and valid reasons for opposition, these included flooding, traffic and the overloaded sewage system but all agreed that the conservation area has suffered enough and it was time for the Council to start defending it from further development.

 

Graham Robb, local resident and spokesman for the action group, said: “John Prescott’s planning guidance that back gardens are ‘brownfield’ sites for development can be revised locally if the planning authority has the will. It is possible for the Council to use its power to refuse applications in conservation areas. Due consideration needs to be made of the effects on the infrastructure and the environment. The roads and sewers are already overloaded and this development is bound to make the flooding problems experienced by nearby homes worse.”

 

He added: “Residents at the meeting expressed real fears that if permission is granted on all three sites they could be merged into one site and further permission sought to demolish the existing houses and build flats. There was also real anger at the prospect of green habitat being lost and the removal of trees and shrubs.

 

The residents of Middleton St George have had enough of intensive development in the village and the time has come for a strong and professional defence of the conservation area. We want the consultation period extended to allow our own advisers time to make a professional assessment. I am confident that we will present a strong case, based on planning grounds, to defend the character and charm of the village.”

 

ENDS