14/02/06 - Ember Inn Planning Application

Proposal: Erection of  Public House and 40 bedroom lodge with parking,new access and landscaping.

Location: Land At Corner Of Lady Lane/Thamesdown Drive, Swindon,                 Wilts,

Officers Report

Background

1. Members may recall a reserved matters application on this site S02/0600 for the erection of a McDonalds drive-thru restaurant plus an additional unit disposed of as the applicants did not enter into a s106 to mitigate affects of the development.  Also, more recently a full planning application S05/0886 for the erection of two buildings to house a drive-thru restaurant and a Auto-centre selling motor and bike accessories and servicing was refused by Members in July 2005 for reasons of design, harm to residential amenities and objections to the scale of the proposed retail content.  

Summary of Recommendation:

2. That planning permission be GRANTED subject to conditions.

The Proposal:

3. This proposal is for the erection of two buildings to house a 487sqm (gross) public house and a separate 1180sqm (gross) 40 bedroom lodge, associated parking and landscaping.

4. Revised plans have been submitted as part of the planning process to revise the design of the proposed lodge and redesign the car parking in the southern most part of the site.

The Site and Surroundings: 

5. This triangular 0.57 hectare site lies to the north east of Junction 5 of Thamesdown Drive.  The site is bordered to the south by Thamesdown Drive and to the north and west by a local distributor road (Lady lane) with residential properties beyond.  The eastern boundary of the site is formed by residential properties behind a close-boarded fence.

Representations:

Haydon Wick Parish Council - Support the proposed public house, but object to the proposed lodge as it would overlook nearby residential properties, insufficient car parking for the site.  Parish Council suggests the lodge should be repositioned closer to the western edge and the number of lodge bedrooms should be reduced. 

Blunsdon St Andrew Parish Council - Supports this planning application; the proposals are in accordance with the Framework and Local Plans; size and design are appropriate for the site.  Suggests bar opening should be restricted to same times as nearby Toby Inn.

Thames Water - No objections. 

Environment Agency - No specific comments other than standard advice regarding surface water drainage. 

Highways - No objections subject to conditions.

Environmental Health - No comments received at the time of writing

Residents - 5 letters of objection have been received.  Planning objections include:

-           The principle of development

-            Opening times

-           Affect on neighbouring residential properties through noise, traffic             generation, car parking, overlooking from lodge and security

-            Insufficient car parking provided on site, would lead to parking in nearby             residential areas.

-           Levels of traffic and congestion

-            Sufficient public houses in the area already

-            Encroachment onto Thamesdown Drive planting area 

Planning Considerations:

6. The planning main issues for consideration are: planning policy framework for the area; residential amenity including issues of noise and smell; access and parking; and design of the buildings.

Policy:

7. This site was initially allocated for the purpose of "roadside use" within the s106 Legal Agreement that accompanied the outline planning permission for Haydon 2 (T91/1688).  The subsequent approved Beeches Framework Plan (section 8) referred specifically to this roadside use site and defines it as follows:

8. "Roadside uses can include petrol filling stations, service stations, car showrooms, tyre and exhaust centres, motor vehicle repairs, car washes and uses within Class A3 (Food and Drink) and C1 of the Town and Country Planning (Use Classes) Order 1987 together with ancillary uses and facilities including retail uses in accordance with the Section 106 agreement". 

9. The roadside use allocation is further supported by the adopted Swindon Local Plan (1999), particularly by policy SEM3 which defines a roadside use to include the uses sought for in this application.

10. Therefore the proposed public house (formerly defined as Class A3 now Class A4 Drinking Establishments) and 40 bedroom lodge (Class C1) are, in principle, an appropriate land use on this site, given the adopted Development Plan and Framework Plan allocations for this undeveloped parcel of land. 

Residential Amenity:

11. The approved Beeches Framework Plan states that any roadside use must be compatible with adjoining households in respect of privacy, noise, bulk, lighting and signage.

12. This scheme includes an area of landscaping and planting along the entire edge of the site, particularly where it adjoins the residential area.  The proposed landscaped boundary along the eastern boundary would measure a minimum 7 metres wide adjacent to the proposed car park and at 8 metres wide at its northern most end.  Whilst the site layout does not include a mounded bund where it adjoins the residential area, your officers consider a condition requiring a mounded bund as part of a landscaping and planting scheme to be submitted is reasonable, to assist the protection of neighbouring amenities. 

13. Taking into account the siting of the proposed lodge at 8 metres from the eastern boundary and the orientation of the nearest Greensand Close dwellings, it is not considered that there would be any significant overlooking or loss of privacy to residential properties.  The public house would be sited in the south west section of the site, inset by approximately 26 metres from the eastern boundary in the most appropriate siting to minimise any potential for harming neighbouring amenities.   

14. In respect of noise, smell and fumes created by the proposed use, your officers consider that a condition requiring the submission of details of the ventilation and filtration equipment to mitigate and control any affects of the development.  Also a condition to control the hours of deliveries is recommended.   

15. The Parish Council have suggest that a planning condition is used to control the hours of operation for the bar in the public house.  Members are advised that this would be unnecessary and would duplicate the effect of other non-planning controls i.e. the licensing of premises.  A condition is recommended to control the hours of use of the garden area immediately to the west of the proposed public house until 10pm, in the interests of neighbouring amenities. 

16. Concerns have been raised regarding cars gathering on the site and security issues.  The on site parking spaces are jointly used by both proposed uses, furthermore the public house contains ancillary residential accommodation on its upper floor.  As such it is expected that the site would be in active use throughout the day, with natural surveillance. 

Access and parking

17. Vehicular access to the site would be via Junction 5 Thamesdown Drive and along the local distributor road.  The layout of Junction 5 Thamesdown Drive was designed with the use of this site in mind and the capacity of this road and junction is expected to accommodate the projected traffic flows generated by the identified roadside land-uses.  Vehicular access into the site is to be gained via a new entrance approximately halfway along the western boundary of the site on Lady Lane, this is so that traffic from Thamesdown Drive need not enter the traffic calmed residential zone.  Pedestrian access is to be gained via the existing footway on Lady lane. 

18. The proposal includes provision for 64 car parking spaces in total to be shared between the 2 uses, including 4 spaces for disabled customers, 3 motorcycle bays, bicycle parking provision will also be made.   The proposed parking levels meet the requirements of the Borough's parking standards for each respective use, conditions are recommended regarding parking, access and manoeuvrability.   

Design of the buildings:

19. The public house would be orientated and sited to be most visible from Thamesdown Drive and designed accordingly to positively reflect its prominent presence in the street scene and approach into the residential area. 

20. The height (of 2 storeys), scale and mass of the public house would be compatible with existing developments.  Its residential scale and style of the building would reflect traditional characteristics, with good use of detailing, such as the chimney stacks, porch and fenestration positively emphasise the building form and would create interesting elevations.  

21. The proposed lodge would be a lone linear building, at 2 storeys high and would sympathetically respond to the domestic scale of the area.  Slight design amendments have been made as part of the planning process to add interest to all elevations and to ensure that the lodge building and public house possess similar design features, proportions and detailing. 

22. The design of both buildings includes sections of rendered walls, facing brickwork, plain tiles to the lodge and clay tiles to the public house.  A condition is recommended to require the submission of materials.

Concluding Comments:

23. Given the policy and framework plan designation of this site, combined with the acceptable design, access and subject to the numerous conditions proposed to safeguard neighbouring amenities, your officers consider this proposal should be approved.

24. The uses proposed in this application are in accordance with the specification contained in Policies SEV2, SEV4, SEV8, SEM3, SR52 and SH25 of the adopted Swindon Borough Local Plan (1999), Policies DS2, DS4, DS6, DS7, R12 and T1 of the Swindon Borough Local Plan 2011 Revised Deposit Draft (2003), the original s106 Legal Agreement and the approved Beeches Framework Plan. 

Recommendation

25. That planning permission be GRANTED with Conditions.

Conditions/Reasons

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

Reason: To comply with the requirements of Section 91 (1) of the Town & Country Planning Act 1990.

 2. The public house hereby permitted shall not be used for any purpose in Class A1 of the Schedule to the Town and Country Planning Use Classes (amendment) Order 2005, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

Reason: The site is unsuitable for other uses than that hereby approved and to accord with the Haydon 2 outline permission and the approved Beeches Framework Plan.

Relevant Policies: SEV2 Swindon Borough Local Plan (1999), DS6 Swindon Borough Council Local Plan 2011 (Revised Deposit Draft 2003).

 3. No development shall take place until samples of the materials to be used in the construction of the external surfaces of the extension hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure the development harmonises with its setting.

Policy: SEV2 Swindon Borough Local Plan 1999, DS4, DS6 and DS7 Swindon Borough Local Plan 2011 Revised Deposit Draft (2003). 

 4. There shall be no use of the outside garden areas in connection with the public house hereby permitted between the hours of 22.00 and 10.00.

Reason: In the interests of neighbouring amenities.

Policy: SH25 Swindon Borough Local Plan 1999, DS6 Swindon Borough Local Plan 2011 Revised Deposit Draft (2003).

 5. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.  This shall include indications of all existing trees and hedgerows on the land, and details of any to be retained.

Reason: To provide a satisfactory landscaped setting for the development.

Policy: SEV02 and SEV04 Swindon Borough Local Plan 1999, DS6 Swindon Borough Local Plan 2011 Revised Deposit Draft (2003). 

 6. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: To provide a satisfactory landscaped setting for the development.

Policy: SEV02 and SEV04 Swindon Borough Local Plan 1999, DS6 Swindon Borough Local Plan 2011 Revised Deposit Draft (2003). 

 7. Suitable ventilation and filtration equipment shall be installed to suppress and disperse any fumes and/or smell created from the cooking operations on the premises.  Details of the equipment shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  All equipment shall be installed in accordance with the approved details and in full working order to the satisfaction of the Local Planning Authority prior to the commencement of use.

Reason:  In order to safeguard the amenities of the area in which the development is located.

Policy: SH25 Swindon Borough Local Plan 1999, DS6 Swindon Borough Local Plan 2011 Revised Deposit Draft (2003).

 8. The four disabled parking bays shown on the plans hereby approved, shall be marked out and made available for use prior to the opening of the units to which they are associated.  Each bay shall be provided to a length of 6 metres and width of 3.6 metres and clearly marked to distinguish it as a disabled parking bay in accordance with details that shall have first been submitted to and approved in writing by the Local Planning Authority.

Reason:  In the interests of people with disabilities.

Relevant policies:  SEV7 and SEV8 of the Swindon Local Plan (1999) and DS6 and ENV8 Swindon Borough Local Plan 2011 revised deposit draft and in accordance with the Borough's revised draft Supplementary Planning Guidance Access for All.

 9. There shall be no deliveries or dispatches of goods or equipment to or from the site outside the hours of 09:00 and 20:00 Monday to Saturday and none at all on Sundays or Bank Holidays.

Reason: In the interests of residential amenity

Policies: SEV2, SEV74 Swindon Local Plan 1999, DS6 Swindon Local Plan 2011 Revised Deposit Draft.

10. Prior to the commencement of works on site in connection with the development hereby permitted, details of the proposed slab levels of the building(s) in relation to the existing and proposed levels of the site and the surrounding land shall have first been submitted to and approved in writing by the Local Planning Authority. The development hereby approved shall be constructed in accordance with the approved slab levels.

Reason: To ensure the details and appearance of the development is acceptable.

Policies: SEV2 Swindon Borough Local Plan (1999). DS6 Swindon Borough Council Local Plan 2011 (Revised Deposit Draft 2003).

11. Prior to the commencement of works on site in connection with the development hereby permitted, details of the proposed means of disposal of surface water from the development shall have first been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the works for the disposal of surface water have been constructed in accordance with the approved details.

Reason: In order to minimise danger and inconvenience to users of the highway.

Relevant Policies: SEV2 Swindon Borough Local Plan (1999). DS6 Swindon Borough Council Local Plan 2011 (Revised Deposit Draft 2003).

Cllr Justin Tomlinson, "Having consulted with many local residents, I will be supporting this application in principle."

"I welcome and support the hard work of the officers who have tweaked the application to bring the design and layout in keeping with the adjacent residential area."

"One major concern for myself and local residents is the plan to not allow children under the age of 14 into the Ember Inn.  Ash Brake has a high proportion of young families, and we are keen for this to be a community facility.  I have contacted the developers directly to demand this is changed."