This application has been referred to the Planning Committee by Cllr Gareth Barrett for the following reason:

 

The proposal proposes an inconsistent density with the property in the local area, new velux style windows create overlooking and a reduction in privacy, and while without clear measurements on the plans available this is not easy to confirm, appears it is not in line with the gross internal area standards for a nine bedroom property (in terms of floor space across the site, in multiple rooms and height in the 2nd floor rooms).

Mrs Sargeant presented the report to the committee.

 

The chair read out a statement on behalf of Mr & Mrs Ludwig in objection to the application.

 

As a very close resident (1 Primrose Hill), to the said property (53 Crown Street), my husband and I have grave concerns of a 9 bedroom HMO opening on our doorstep.  The property in question was set up some time ago (by previous owners) as a unlicensed HMO and we suffered lots of disturbance, noise pollution and excessive rubbish waste behind our garden.  The amount of bedrooms squeezed into the new developed property seems questionable and far too many occupants compared to surrounding properties.  The owner has also added two 'new' windows to the side of the property which directly overlook our garden and living areas.  Thankfully this was picked up as unauthorised development. 

However,  the windows are still in place and causing us concerns for our privacy.  We have a young son who is often playing in the garden and previously had to be subjected to groups from the property hanging around in the car park using foul language and smoking illegal substances.

The developer for this application has already built a large development in front of our property (Primrose Mews) and is now planning to house another 9+ residents behind us.  It all seems very excessive considering how many other developments we have going on in the area?

We have lived in our property for 15 years and considerate it our family home. We feel an HMO on our doorstep would compromise our privacy and wellbeing.

The chair read out a statement from the agent on behalf of the applicant  in support of  the application.

 

The application before you seeks to resurrect the use of 53 Crown Street as a house of multiple occupancy providing accommodation of high-specification that meets all planning and licensing policies for use as a HMO. Including bike stands, bin store and parking spaces in excess of the required minimum standards. 

 

As the existing and proposed elevations demonstrate and in accordance with the planning officers request, the amendment to the side elevation has been limited to the removal of 1 window and the enlargement of 1 window at ground level. There are no further changes to the building’s fenestration.  

 

Historically, 53 Crown Street was licensed (BRW/HMO/021) as an HMO of 9 dwellings from January 2014 with a licence renewal date of January 2019. The property currently has the Classification of B1 (Office), albeit previously approved for D2, planning permission was also granted to convert the property to 2 residential apartments as well as previously being used as an individual residential dwelling.  

 

Due to lack of use and/or interest under its current classification, the property had fallen into a dilapidated state of repair under previous ownership, with extensive repairs and renovation required throughout. This application, now under new ownership seeks to re-purpose the property, providing residential housing therefore assisting with the boroughs current housing requirements, having no effect on the loss of employment or as per the officers report no adverse effect on the neighbouring occupiers.

 

The proposal looks to address the government’s framework and local plans which place emphasis on residential development within sustainable locations, particularly the conversion of offices to residential use. For the assurance of safety, all fixtures and fitting including appliances are certified for fire safety in line with building control legislation.  In addition, CCTV is installed in all communal areas.  

 

The case officer has also demonstrated that each dwelling has been given sufficient floor space, in excess of the minimum requirement.  All benefiting from ensuite shower rooms and kitchenette. Both the planning case officer and Environmental Health Officer are satisfied with the proposals and therefore recommended this application for approval.

As the applicant was advised that a site visit would be external viewing only. Photos demonstrating the high standard of the internal space were previously circulated to officers and members via post C/O the town hall. 

 

The application site lies between Knight Court which has 19 x apartments housing 40 residents and Primrose Mews a development of 12 x apartments housing 23 residents. A block of five apartments stands on the corner at 73 – 81 Crown Street and adjacent to the application site is Felders Court hosting 8 apartments. Therefore, the applicant believes that the proposals are inline with the density of accommodation in Crown Street.   

 

The applicant has addressed all the reasons for referral by the ward councillor and hopeful that the planning committee will now endorse Brentwood Borough Councils professional planner’s recommendation to approve this application.    

 

Cllr Barrett, Ward Councillor, spoke on his referral and informed the Chair that he wouldn’t be voting on this item.

 

Cllr Wiles, Ward Councillor also spoke in support of the application and MOVED that the application be APPROVED, which was SECONDED by Cllr Mrs Pearson.

 

Concerns were expressed by Members in relation to lack of direct open space and private amenity in relation to policy HP06 (Standards for new Housing) as well as lack of direct outlook for some units as stated in the HMO 2018.

 

A vote was taken, and Members voted as follows:

 

FOR: Cllrs Barber, Bridge, Mrs Gelderbloem, Jakobsson, Parker, Mrs Pearson and Wiles (7)

AGAINST: Cllrs M Cuthbert, Fryd, Laplain, Mynott (4)

ABSTAIN: (0)

 

(Cllr Barrett did not vote on this item).

 

The motion to APPROVE the application was RESOLVED subject to the following conditions:-

 

 

1          TIM01Standard Time - Full

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason:  To comply with Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

 

2          DRA01A        Development in accordance with drawings

The development hereby permitted shall not be carried out except in complete accordance with the approved drawing(s) listed above and specifications.

 

Reason:  To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt.

 

3          MAT03           Materials to match

The materials to be used in the construction of the external surfaces of the building hereby permitted shall match those used in the existing building.

 

Reason:  In order to safeguard the character and appearance of the area.

 

4          Limitation of Occupancy

The HMO hereby permitted shall not be occupied by more than 9 persons and no more than one person shall occupy any of the ‘suites’ as shown on the approved drawings. 

 

Reason: To ensure that appropriate living conditions are maintained and to avoid issues of overcrowding.

 

5          RESL04         No PD for windows etc

Aside from those indicated on the approved drawings, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking, re-enacting or modifying that Order), no windows, dormer windows, glazed doors or rooflights shall be constructed without the prior grant of specific planning permission by the local planning authority.

 

Reason: To safeguard the living conditions of the occupiers of neighbouring dwellings.

 

6          Details of cycle and refuse store

None of the accommodation hereby permitted shall be occupied until the facilities to be provided for the storage of cycles and refuse; have been provided in accordance with the details shown on the approved drawings. Thereafter the accommodation shall not be occupied unless those facilities are retained.

 

Reason: To ensure that adequate provision is made in order to safeguard the character and appearance of the area.

 

7          Basement not for HMO Use

This permission relates to the approval of a HMO on the ground, first and second floor of the building. The basement as shown on approved drawing shall only be used for the storage of plant and CCTV and accessed by the landlord or owner of the building and shall not accessible or used by occupiers of the HMO for any purposes, unless approved in writing by the local planning authority.

 

Reason: To safeguard the future occupiers of the development to ensure adequate living conditions are provided.

 

8          Electric Car Charging

Prior to first occupation, the proposed development shall be provided with, as a minimum, the space and infrastructure required to provide electric vehicle charging/plug-in points in the proposed car parking spaces for the future occupants of the building.

 

Reason: In order to provide for the transition to electromobility and reduce pollution and climate change impacts in the interests of the health and wellbeing of the public in accordance with policy BE11.

 

9          Sustainability - water efficiency

The proposed building shall not be occupied until details of:

 

-           measures to ensure that the building does not exceed 110 litres per person per day;

-           measures to provide wastewater infrastructure capacity;

-           measures to achieve lower water consumption rates and to maximise future proofing;

-           measures to demonstrate the development would not have an adverse impact upon the sewerage network; and

-           measures to improve water quality and protect the quality and functioning of existing water courses/groundwater.

 

have been submitted to and approved in writing by the Local Planning Authority. Where adverse impacts are identified, mitigation measures shall be set out. The development shall be implemented as approved.

 

Reason: in order to ensure that the proposed development incorporates the sustainable principles in relation to policy BE02 of the Brentwood Local Plan.

 

10        Digital Infrastructure

The proposed buildings shall not be occupied until the infrastructure for the  fastest available broadband connection installed on an open access basis has   been provided for the future occupants of the building.

 

Reason: In order to ensure that new developments are connected to digital infrastructure in accordance with policy BE07 of the Brentwood Local Plan.

Prior to first occupation of the proposed development, the Developer shall be responsible for the provision, implementation and distribution of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator. These packs (including tickets) are to be provided by the Developer to each dwelling free of charge.

 

Reason: In the interests of reducing the need to travel by car and promoting sustainable development and transport.

 

12        Obscure Glazing – (on drawings)

The windows identified on the approved drawings as being obscure glazed shall be:- a) glazed using obscured glass to a minimum of level 3 of the "Pilkington" scale of obscuration and b) non-opening below a height of 1.7m above the floor of the room in which the window is installed.  The window(s) shall be installed prior to the first occupation of the building or use of the room of which the window(s) is installed.  Those windows shall remain so glazed and non-openable. 

           

Reason: In order to prevent an unacceptable degree of overlooking of nearby residential properties.

 

 

Informative(s)

 

1   INF02

Reason for approval: The proposal would accord with the relevant policies of the development  plan as set out below.  The Council has had regard to the concerns expressed  by residents but the matters raised are not sufficient to justify the refusal of permission.

 

2   INF04

The permitted development must be carried out in accordance with the approved drawings and specification.  If you wish to amend your proposal you will need formal permission from the Council.  The method of obtaining permission depends on the nature of the amendment and you are advised to refer to the Council’s web site or take professional advice before making your application.

 

3   U0008628

The following Development Plan policies contained in the Brentwood Local Plan 2016-2033 are relevant to this decision: BE02, BE04, BE07, BE11, BE13, BE14; HP06; as is the National Planning Policy Framework (NPPF) and National Planning Practice Guidance (PPG).

 

4   INF22

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

5   U0008630

This consent is only in relation to the town and country planning act.  Other legislation may be applicable for which consent is required, such as licensing.  The applicant is required to contact the Council's Environmental Health Department to ensure an appropriate licence is sought for the HMO. It is the duty of all parties to ensure compliance with all laws.

 

6   Secure by Design

This proposal should comply with the security section of the “Essex amenity standards for Houses in Multiple Occupation” (extract below). This includes security of the external doors, accessible windows and secure cycle storage. Essex Police also recommend that each individual resident has access to securable personal space including lockable cabinets/storage within the shared kitchen area.

It is recommended that dual certificated doors (fire and security) are installed in the property. Secured by Design provides guidance on flat entrance doorsets, which may be useful for this property (A Guide to Selecting Flat Entrance Doorsets). The SBD website-. (https://www.securedbydesign.com/guidance/design-guides) provides full details.