Agenda item

Report of the Head of Development Management – Community Development Services

The Head of Development Management – Community Development Services sought determination of a planning application for the variation of conditions 1 and 2 in relation to ZF24/00099/FLA, to allow removal of a tree and creation of parking area at former site of 79 Cross Lane, Newby, Scarborough on behalf of Mohamed Gaafar.

During consideration of the above application, the committee discussed the following issues:

• The danger of setting an unhelpful precedent should this application be approved
• The importance of ensuring a semi-mature tree was replanted on the site – subject to the committee’s refusal of the application this would be addressed by the planning enforcement team since the applicant had breached a condition for which there was no right of appeal; there is no right of appeal against a Breach of Condition Notice.
• Whether there was any supporting information to justify the removal of the tree – there was none

The decision:

That planning permission be REFUSED.

Voting record:

A vote was taken and the motion was declared carried unanimously.

Reasons:

The committee agreed with the reasons for refusal put forward by the planning officer as set out below:

1. Policy DEC1, part, a i, of the Scarborough Borough Local Plan states, 'All development will be required to meet the following principles of good design by demonstrating that the proposal reflects the local environment and creates an individual sense of place with distinctive character'.

Paragraphs 7.15 and 7.16 of the Council's Residential Guide state, 'With respect to the streetscene, car parking should be provided to the side of dwellings. Spaces between the building frontages and street should not be dominated by the car…excessive use of parking areas in front of principal elevations should be avoided…'

The Scot's Pine tree contributed positively to the appearance of the site and character of the surrounding area. Its removal from site has resulted in significant visual harm to the development, the streetscene and the wider surroundings.

The proposed vehicular access would result in the parking of vehicles to the front of the southernmost dwellinghouse, obscuring the frontage of the host dwelling by vehicles and also the outlook for its occupants; the sum of which would be to result in significant visual harm.

It is therefore considered that the proposal would fail to comply with Policy DEC1, part a i, of the Scarborough Borough Local Plan, the Council's Residential Design Guide and Section 12 of the NPPF, which seek a high regard for good design, and thus, fails to constitute sustainable development.

2. Policy DEC1, part c, of the Local Plan requires new development to provide safe and accessible vehicular parking arrangements.

The Highway Authority has confirmed that the proposal to vary the approved plans and provide an access to the side of the southernmost dwellinghouse would result in an unsafe parking arrangement that lacks the required visibility splay, conflicts with the existing pedestrian crossing on Cross Lane, compromise visibility for vehicles entering the junction from Cross Lane to the side of the site and would increase the risk of conflict between turning traffic and vehicles accessing the driveway.

The sum of the above would result in significant harm to the safety and convenience of users of the public highway.

The proposal therefore fails to comply with Policy DEC1, part c, of the Scarborough Borough Local Plan, and thus, fails to constitute sustainable development.

3. Policy ENV5, part d, of the Scarborough Borough Local Plan states, 'Proposals should respond positively and seek opportunities for the enhancement of species, habitats or other assets thereby resulting in a net gain in biodiversity by increasing trees and woodland through ensuring new developments include appropriate tree planting whilst retaining and integrating healthy, mature trees and hedgerows and maintaining those which make an important contribution to the setting and character of an area'.

The sub-text of this policy states, 'Development proposals should recognise not only the importance of protecting species-rich trees or hedgerows but the value of incorporating them in design and consider how new planting can interact with existing habitats'.

The proposal seeks to remove an existing mature Scot's Pine tree from the original landscaping scheme. The impact on this would be to remove a significant, mature tree which contributes positively to the natural environment and biodiversity of the development and surrounding area, resulting in significant harm.

The proposal therefore fails to comply with Policy ENV5 of the Scarborough Borough Local Plan, and thus, fails to constitute sustainable development.