Report of the Chief Planning Officer PLANS PANEL EAST Date: 10/12/09 Subject: APPLICATION 09/04658/FU/E – Change of use and alterations of basement to one 2 bedroom flat with light-well to front to 106 Harehills Avenue, Leeds 8. APPLICANT DATE VALID TARGET DATE J Cheema 30/10/2009 25/12/2009

RECOMMENDATION: GRANT PERMISSION subject to the following cond

Specific Implications For: Equality and Diversity Community Cohesion Narrowing the Gap

Electoral Wards Affected: Gipton & Harehills

Ward Members consulted (referred to in report)

Originator: Chris Marlow Tel: (0113) 222 44 09

Conditions: 1. Time limit on full permission (3 years) 2. Laying out of parking prior to use 3. Details of light-well treatment, safety railings 4. Submission of boundary details 5. Details for storage and disposal of litter and waste 6. Details of sound insulation to party walls/ceilings Reasons for approval: The application is considered to comply with poH18, SGH1, T2, T24 of the UDP (Review 2006), and would not prejudicevisual amenity, residential amenity or highway safety, and having regard toconsiderations.

itions:

licies BD6, GP5, the principles of all other material

1.0 INTRODUCTION:

1.1 The application is reported to the Plans Panel at the request of a local ward Member, Councillor Roger Harington, due to the concerns of local residents which relate to inadequate parking facilities and issues of highway safety.

2.0 PROPOSAL:

2.1 Planning permission is sought to alter the basement of the property to form a two bedroom flat. The application includes formation of a light-well to the front, opening up a cellar window with the creation of a new window to provide windows to the two bedroom areas. Two lower ground floor windows to the rear of the property are to be opened up to serve the proposed kitchen and dining/living room area. The proposed flat can be accessed from Back Pasture Road, and the main ground floor entrance to the building on Harehills Avenue. The application includes the laying out of two off-street parking spaces in the rear yard area, with additional parking reliant upon informal on-street parking on Harehills Avenue and Back Pasture Road.

3.0 SITE AND SURROUNDINGS:

3.1 The site is situated to the south side of Harehills Avenue and comprises a mature

mid-terrace brick built property with a natural slate roof. Viewed from Harehills Avenue, the building is constructed to two storey level with rooms within the roof space and evidence of the presence of a cellar. There is a ground floor bay window and the façade includes stone sills and lintels with decorative features over the entrance door. There is a call button to 3 flats adjacent to the entrance door. There is a small informal garden area to the front bounded by a brick dwarf wall with stone copings atop, and a small privet hedge to the east side boundary. Viewed from Back Pasture Road the property is constructed to 3 storeys with rooms within the roof space including a flat roof dormer window. There is a yard area to the rear of the property bounded by a low wooden fence abutting the footpath. There is level access to both elevations however the topography of the area slopes downwards in a southerly direction, hence the difference in storeys within the building from front to rear. Back Pasture Road is alley-gated. The area is pre-dominantly residential characterised by like mature terraced properties the majority of which appear to be single households however there are some properties which have been converted to flats similar to the proposal.

4.0 RELEVANT PLANNING HISTORY: 4.1 Application ref: P/09/03276/FU/E – change of use and alterations of basement to

one 2 bedroom flat with light-well to front. The application was withdrawn dated 21st September, 2009.

Application ref: P/08/00165/FU/E – dormer window to rear of second floor flat. Permission Granted 7th March, 2009.

Adjacent Sites :

4.2 Application Ref: H34/160/83 – 108 Harehills Avenue, Change of use to flats. Permission Granted 7/11/83 including condition for submission of parking arrangements.

Application Ref: H34/323/88 – 110 Harehills Avenue, creation of basement flat to terrace house, Permission Granted 16/11/88.

Application Ref: H34/159/83 – 112 Harehills Avenue, Change of use to flats.

Permission Granted 7/11/83 including condition for submission of parking arrangements.

Application Ref: H30/155/82 – 118 and 144 Harehills Avenue, Change use to flats. Permission Granted 10/5/82 subject to provision of one off-street parking space per site. Application Ref: H34/315/88 – 124 Harehills Avenue, Change use to 3 flats. Permission Granted 26/10/88 subject to provision of 2 off-street parking spaces.

5.0 HISTORY OF NEGOTIATIONS: 5.1 Negotiations with the agent have progressed during the process of the previously

withdrawn application and the current proposal. During consideration of the withdrawn application the agent was unable to provide information as to the number of flats already within the building and evidence of when the property was converted to flats. In the absence of this information officers were minded to recommend refusal. As a consequence, the agent withdrew the application rather than have the application refused.

5.2 The new application which is before Members for consideration includes evidence that the property is currently in use as 3 flats and has been since 1993 when the current applicant purchased the property. A search of the planning records failed to reveal any historical applications relating to the conversion of the property to flats.

5.3 In response to comments from the Highways officer the agent has revised the

parking layout to show two off-street parking spaces to the rear and identified informal parking facilities available on Harehills Avenue.

6.0 PUBLIC/LOCAL RESPONSE: 6.1 The application was advertised by neighbour notification letters forwarded to 36

neighbouring properties dated 30th October, 2009. The publicity period expired on 27th November, 2009.

6.2 Letters have been received from Councillors Arif Hussain and Roger Harington (Gipton & Harehills) expressing support for local residents’ objections regarding the proposed change of use relating to inadequate parking facilities. In addition, a letter expressing support for local residents’ objections has been received from the Members of the adjoining ward of Chapel Allerton (Councillors Jane Dowson, Mohammed Rafique and Eileen Taylor) on grounds that the proposal is:

• Contrary to efforts to promote family living. Erosion of family residences

within the area in favour of multi-occupancy buildings, where basement flats provide a poor standard of living environment for tenants.

• Inadequate off-street parking facilities. Insufficient space for 3 spaces to rear area as shown. On street parking is not “ample” as applicant suggests as there is an existing parking problem on Harehills Avenue.

• General concern over highway safety issues in the area, visibility and sheer volume of cars in the area.

6.3 In response to the public notification process one letter of objection has been

received from a local resident on the following grounds:

• Concerns over parking provision given recent growth in population within the

area leading to competition between car owners vying for limited spaces; • Highway congestion particularly on Sundays with Church services taking

place, with potential for vehicle related accidents; and • Aggravated behaviour between car owners and residents.

7.0 CONSULTATIONS RESPONSES:

Non-statutory Consultations: 7.1 Highways: no objection to the revised scheme. 7.2 Neighbourhoods and Housing: no objection subject to conditions relating to the

submission of details to deal with the storage and disposal of litter. Officers’ should advise the applicant of the needs to comply with provisions of the Housing Act 2004 with regard to achieving acceptable levels of natural lighting to rooms.

8.0 PLANNING POLICIES: 8.1 Development Plan The development plan comprises the Regional Spatial Strategy to 2026 (RSS) and

the adopted Leeds Unitary Development Plan (Review 2006). The RSS was issued in May 2008 and includes a broad development strategy for the region setting out regional priorities in terms of location and scale of development. No RSS policies have a specific relevance to the application site.

8.2 The site is within an area identified as a Neighbourhood Renewal Area (R1) but with no specific allocation under the Leeds Unitary Development Plan Review 2006 (UDPR). The following UDPR policies are relevant to the consideration of the application:

BD6 Alterations and extensions; GP5 Seeks to ensure that development proposals resolve detailed planning

considerations; H18 Relates to changes of use of houses into multi occupancy dwellings;

T2 Development should not create new, or exacerbate existing highway problems; and

T24 Parking provision 8.3 Supplementary Planning Guidance Development of self-contained flats (SPG) No.6. SGH1 8.4 National Planning Policy and Guidance PPS1 Delivering Sustainable Development PPS3 Housing 9.0 MAIN ISSUES

1. Principle 2. Highway safety 3. Visual amenity 4. Residential amenity 5. Objections

10.0 APPRAISAL Principle

10.1 The building is currently in use as three flats with a vacant basement area. The applicant has no evidence as to when the property was last in use as a single dwelling and Officers cannot trace any record of a planning application to change the use from a single dwelling to flats. The applicant has however, submitted evidence that the property has been in use as flats as far back as 1993. Officer’s have made enquiries with the Council Tax office which also suggests that the property has been in use as flats since Council Tax records began.

10.2 Although the building appears to have no formal planning permission for its change

of use to flats, the period within which the local planning authority can remedy any unauthorised breach under the relevant legislation (i.e, 4 years) has expired. In light of this, the application is considered on the basis that the proposal is to provide an additional flat to a building already in use as flats. As a consequence the principle of the development is considered to be acceptable in planning terms.

Highway safety

10.3 The proposed development is within an area well served by public transport and benefits from on street parking on Harehills Avenue and Back Pasture Road. There are a number of properties within the same terrace that have had permission to be converted into flats subject to conditions to form off-street parking facilities for the use. In light of this and in conjunction with the proposed creation of two new off-street parking spaces to the rear yard area Highway Officers consider that it would be difficult to justify an objection and that the additional flat would not lead to an undue increase in traffic congestion or compromise the interests of highway safety, nor adversely impact on the amenity of the immediate neighbourhood.

Visual amenity 10.4 The physical changes to the external appearance of the building are of a very

modest nature, comprising new window openings at lower ground floor level to the rear of the building, with the most significant changes being the creation of a light-well to the front of the property. By the nature of their largely subterranean features light-wells have minimal visual impact on the overall street scene as illustrated by several similar conversions forming part of the immediate terrace and beyond. As a consequence, it is considered that the proposed development would not result in harm of any measurable significance to the visual amenity of the site or wider setting.

Residential amenity 10.5 The proposed development is to form a single flat comprising combined living/dining

room, kitchen, bathroom and two bedrooms (one single and one double). The main habitable rooms (kitchen, living/dining areas) are to the rear of the property, at ground level and have full height façade to the rear yard, with the bedrooms being served by the light-well and windows to the front elevation. In the context of the layout of the proposed flat and its available aspects it is considered that the development will provide a reasonable standard of accommodation and amenity for the future occupant. It is further considered that the additional flat will not result in an over intensification of the building as a whole, and with the sound insulation

measures the development would not harm the residential amenity of the occupants of the adjoining properties at 104 and 108 Harehills Avenue.

Objections 10.6 Given that the building is already in use as flats, concerns regarding the erosion of

family sized residential properties available in the area would be more applicable where a property (house/single dwelling) is proposed to be converted to forms of multiple occupancy. In this instance, the addition of a fourth flat to the existing use would not significantly affect the residential character of the area.

11.0 CONCLUSION

11.1 It is considered that the proposed development is sound in principle and would not

prejudice the interests of visual amenity and the amenity of residents living close to the site nor the amenity of the future occupants of the flat. In addition, the proposed development would not prejudice the interests of highway safety. With this and having considered all other material considerations the application is recommended for approval.

Background Papers:

Application file P/09/04658/FU/E and history file P/09/03276/FU/E. Certificate A of Ownership signed on behalf of the applicant.

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