Planning – Application Comments

Consultation Date: Wed 10 Nov 2021

Consultation Date: Wed 10 Nov 2021

Consultation Date: Wed 10 Nov 2021

Consultation Date: Tue 11 Jan 2022

Consultation Date: Wed 10 Nov 2021

Consultation Date: Wed 10 Nov 2021

Comment Date: Tue 07 Dec 2021

PLYMOUTH CITY COUNCIL CONSULTEE COMMENTS FOR PLANNING APPLICATION

APPLICATION SUMMARY
PLANNING APPLICATION: 21/01778/FUL
ADDRESS: Land East Of Arcadia Road Plymouth PL9 8EG
DESCRIPTION: Erection of 5no detached dwellings inc, access, estate road, drainage and landscaping.

CASE OFFICER: Abbey Edwards (Planning Officer)
Development Management, PCC Strategic Planning & Infrastructure, Floor 2 Ballard House PL1 3BJ

CONSULTEE: Gary Lester (Transport Officer)
PCC Strategic Planning & Infrastructure, Transport Planning Team, Floor 2 Ballard House PL1 3BJ

DATE: 1st December 2021

COMMENTS:
1: The Local Highway Authority is unable to support this proposal for the erection of five in number detached four bedroom dwellings, on a green field site off, and with access from, the east side of Arcadia Road, Elburton. Which would utilise an upgraded existing private driveway that currently serves the old farmhouse. But from the details provided it is considered that the proposed Cul-de-sac estate road fails to meet the Councils planning and highway standards, and would fail to provide an adequate street layout to properly serve the dwellings.

2: The application Highway Technical Note (HTN) considers:- Sustainability - Trip Generation - Access Arrangements, including wheel tracking diagrams - Parking Provision ' and Highway Safety. With the application indicating the new cul-de-sac estate road would be a 'Shared Surface' private road. But notwithstanding whether the road were to remain private (in which case it would be subject to the Advance Payment Code), or to be adopted by the Council, which either way in planning terms is non-material. It still needs to meet the required minimum design standards for a residential cul-de-sac street, in order to provide a safe and functional layout of sufficient utility. But referring to the Councils Design standards in the SPD, and in 'Highways in Residential and Commercial Estates', with particular reference to the design for an 'R33 Shared Surface Access Way', along with 'Manual for Streets 1' (MfS1), would show the proposed street layout to be inadequate and sub-standard in a number of ways.

3: The Shared Surface cul-de-sac street is shown constrained to 5800mm wide overall, comprising of a 4800mm wide carriageway with a 500mm wide clearance margin along each side (by comparison the standard Shared Surface street would generally be 8800mm wide). The overall street width falls short of the best practice standards, and fails to provide the minimum of 6 metres clear width required to provide sufficient space to allow a car to reverse out of the on-plot parking spaces. The layout also fails to provide the necessary adequate and practical service margins that are generally 2000mm wide in order to properly accommodate the range of essential services and utilities, to the nationally recognised standards as set-out by the National Joint Utilities Group, and adopted by the Council. The lack of service margins also fails to provide sufficient defensible space where a pedestrian or wheel chair user could move out of the way of a moving vehicle entering or leaving the housing development.

4: A bell-mouth entrance would be formed within the boundary of the public highway, which includes the grass verge at the rear of the footway and a further small inset area at the site entrance (the extent of which is indicated lightly shaded on the application Proposed Site Plan, No 168-003-Rev 'C'); where highway design and construction standards would apply. But where the street layout fails to meet the Councils design standards for a Shared Surface Street. With the plan showing under-size radii at less than six meres at the entrance, the lack of entrance ramp and demarcation, and the lack of distinctly different and contrasting surfacing materials throughout. Where only unsatisfactory tarmac surfacing has been proposed, which would fail to indicate and is unsuitable for a shared surface use.

5: The street layout unnecessarily shows and notates two Turning Heads serving the development, both of which are impractical and sub-standard. Referring to the Councils design standards, although slightly larger the turning head more practically located at the east end of the street is also of insufficient size and geometry, including undersize radii, to allow larger vehicles, in particular a fire tender, to turn; notwithstanding the included wheel tracking plans.

6: There is a refuse storage area shown on the south side at the entrance to the site, but would be too far removed from some dwellings at over 30 metres away, and therefore unsatisfactory to serve all the dwellings.

7: Surface water Drainage serving the development is shown issuing and out-falling into an adjacent water course, where the developer would need to have a right of discharge, and discharge rates would need to be considered. The proposed Surface Water Drainage would need to be referred to the Councils Lead Local Flood Authority for consideration.

8: As considered in the application HTN, the forward visibility at the site entrance would satisfactorily meet the required standard.

SUMMARY:
9: The proposed layout details are described in the Planning Statement in paragraph 3.5 as:- 'A shared surface courtyard, in accordance with Manual for Streets is created at the head of the driveway, and the dwelling orientation facing onto the courtyard, creating a sense of enclosure and active frontage as well as acting as a turning head for fire services vehicles'. When in fact referring to MfS 1, the LHA would consider the access arrangements comprise of no more than a carriageway with narrow clearance margins along both sides, and a sub-standard turning head at its end. The LHA comments in terms of the street layout compared to accepted standards are not necessarily intended to be taken as prescriptive. However by current excepted planning standards the street layout is considered to be unfit for purpose, and further confirmation is required from the LLFA regarding the disposal of surface water.

10: The LHA recommends that the application is refused (rather than recommending conditions), because it is considered unlikely that the deficiencies of the proposed street layout could be rectified within the material constraints of this planning application. It is therefore recommended that application is refused in consideration of the above comments and for the following reasons:-

Sub Standard and Inadequate Street Layout:
It is considered that the proposed Street Layout and its elements are unsuitable for its intended function and use, and would fail to provide a safe and functional street layout to a satisfactory standard and therefore likely to give rise to issues of pedestrian and highway safety and nuisance. With insufficient information on the disposal of surface water drainage. Conditions arising from the development would give rise to conditions likely to cause:-
(a) Inadequate street layout
(b) Prejudice to public safety and convenience;
(c) Unequal access opportunities that would fail to provide equal access for all;
which is contrary to Policy DEV29 of the Plymouth & Southwest Devon Joint Local Plan 2014-2034. And contrary to The National Planning Policy Framework paragraphs 108b, 1109 & 127.


Gary Lester
Transport Planning Officer
Officer authorised to sign on behalf of the Service
Director for Strategic Planning & Infrastructure

Comment Date: Wed 01 Dec 2021

Land off Arcadia Road EDG21.001.FRSR.087.pdf

Comment Date: Tue 30 Nov 2021

General design and layout

The proposed internal stairs from the ground floor to the first floor are likely to increase the chances of a fall above that of the national average due to the narrowing of the tread incorporated in the curved design.

The following are general comments for advice/consideration:

Room sizes
Room sizes are an extremely important factor to take into consideration for property. The size of available space an occupant has can have a significant impact on their health and wellbeing. Small room sizes can contribute to concerns of overcrowding and the hazard of crowding and space. Where this hazard is identified, the Local Authority has powers to take enforcement action to remove, or reduce, the hazard to an acceptable level.

We recommend that you follow the Technical Housing Standards ' Nationally described space standards. You can find these online.

Room sizes for licensable HMOs can be found on our website here: https://www.plymouth.gov.uk/housing/privaterentedaccommodation/housesmultipleoccupationhmo/housemultipleoccupationstandards

Room size requirements can change over time and may vary by Local Authority.
Generally a bedroom should not be occupied by more than one household, and it is also not normally acceptable for a bedroom to be occupied by more than two people in one household.

Within a dwelling there should be sufficient space for the separation of different household activities, either by physical separation or by a clearly defined space within a larger space. The degree of separation is partly dependent on the number of people who can be expected to share the space, and whether or not they are expected to be part of the same household.

Open-plan arrangements may be acceptable for dwellings for a single person or for a couple, but not for dwellings intended for larger households.

For larger households, physical separation of living, cooking, dining and even sleeping areas is more necessary. For such household, bedrooms should lead off a circulation space, and should be large enough to be useable for sleeping and for study or relaxing away from the other members of the household.

There should be sufficient provision for sleeping having regard to the numbers likely to be accommodated in the dwelling. As a guide, and depending on the sex of household members and their relationship, and the size of rooms, a dwelling containing one bedroom is suitable for up to two persons, irrespective of age. A dwelling containing two bedrooms is suitable for up to four persons. One containing three bedrooms is suitable for up to six persons, and one containing four bedrooms is suitable for up to seven persons.

As well as sufficient sleeping space, there should be a living area of sufficient size for the household. Indoor and outdoor play and recreation space is necessary in accommodation housing children. Outdoor play space should be readily visible from within the dwelling and safely separated from public and neighbouring areas.

When measuring room sizes the following areas are not taken into account:
Areas taken up by en suite facilities
Areas where the ceiling height is less than 1.5m
Space taken up by opening of entrance doors or which are otherwise not 'usable' space e.g. corridors.


Level of amenities - Kitchens
The kitchen(s) should have suitable provision of kitchen cupboards and workspace to provide storage and space for preparation of food. Sinks must have a provision of hot and cold water and should be connected to suitable drainage. Consideration should be given to the layout of the kitchen so that worktop is available next to the siting of a cooker to allow safe removal of hot food. The layout should also consider the expected work flow within the kitchen so that activities can be carried out safely with minimal disruption to other activities. Suitable provision of readily cleansable surfaces should be provided to allow easy cleaning for food safety.
The layout of the kitchen facilities provided must permit the safe preparation of food and hot drinks. The size, layout and location of these facilities must be satisfactory and safe for the numbers of occupiers using them. Although no minimum size has been set you should aim to provide around 3m2 for each person using any shared kitchen. The amount of space needed will depend on the layout of the facilities, shape of the room etc. and whether or not there are associated dining facilities.
Flooring - Floor covering should be water resistant, readily cleansable and suitably sealed to adjoining surfaces. When choosing floor coverings consideration should also be given to the possibility of slips and falls.
Ventilation - Adequate ventilation must be provided including artificial ventilation where necessary.

Lighting - There must be adequate artificial lighting to safely use, and cleanse, the kitchen and its fittings. Light switches must to be suitably located.

Kitchen Facilities '
Kitchen facilities for licensable HMOs can be found on our website here: https://www.plymouth.gov.uk/housing/privaterentedaccommodation/housesmultipleoccupationhmo/housemultipleoccupationstandards

In general there should be ample provision of electrical sockets, suitable space for / provision of cooking appliances, fridge/freezer appliances, storage cupboards, refrigeration, cleansable worktop, sink with drainage and waste storage.

Level of amenities ' Bathrooms / Shower Rooms / WCs
Bathroom facilities for licensable HMOs can be found on our website here: https://www.plymouth.gov.uk/housing/privaterentedaccommodation/housesmultipleoccupationhmo/housemultipleoccupationstandards

All baths, showers and WCs need to be located in a proper room of adequate size and layout. Suitable provision of readily cleansable surfaces should be provided to allow easy cleaning of surfaces.
In bath/shower rooms there needs to be sufficient room for washing/bathing, drying, dressing and the placing of dry clothing having regard to the location of the bath/shower.
The room needs to be suitably located for occupiers using them.
Suitable steps should be taken to protect the privacy of those using the bathroom/WC. Typically these will include provision of a privacy lock and obfuscation of any glazing provided.
There must be an adequate supply of cold and constant hot water. The hot water supply needs to be of sufficient capacity, temperature and flow for any wash hand basin, bath or shower and be available at all times. In the case of showers the water temperature should be thermostatically controlled. In the case of wash hand basins the cold water supply should be potable (drinking water quality). All fittings must be permanently plumbed into the hot/cold water system and properly connected to mains drainage.
Ventilation - All bathrooms and WC compartments need to be adequately ventilated. An effective means of natural/artificial ventilation must be provided in accordance with the building regulations.
Heating - Note that all bath/shower rooms must be provided with adequate heating.
Flooring - Floor covering should be water resistant, readily cleansable and suitably sealed to adjoining surfaces. When choosing floor coverings consideration should also be given to the possibility of slips and falls.
Baths: a suitable splashback should be provided to protect each wall adjacent to the bath. Typically this will be to a minimum height of 300 mm.
Showers: a suitable waterproof covering should be provided to the walls to protect each wall adjacent to the shower area. Typically this will be to a minimum height of 2100mm above the base of the shower. A shower curtain or screen should also be provided.
Wash hand basins: a suitable splashback should be provided to protect each wall adjacent to the basin. Typically this will be to a minimum height of 300 mm.

All facilities should be suitably connected to drains. Care should be taken so that when other facilities are used within the building it does not impact upon others, e.g. low water pressure.

Where a bathroom is sited next to an adjoining kitchen, (i.e. the kitchen separates the bathroom from the primary escape route) consideration should be given to ensuring that a 30 minute fire-resisting door with seals (FD30s door) separates the two rooms and that further consideration is given to ensure that the window in the bathroom is a suitable means of escape in the event of a fire, to reduce the potential risk of a resident becoming trapped in this area.


Potential occupancy level
The maximum occupancy level suitable for the property should be derived from the following 3 factors as listed in the sections above:

' Bedroom Sizes
' Kitchen Provisions
' Bathroom Provisions

You should determine the suitable occupancy level of each factor on its own merit to determine the suitable occupancy level for that provision. After considering all three provision factors, the lowest figure of suitable occupancy should be considered the maximum suitable occupancy as a whole.

Once you have identified the maximum suitable occupancy level, you should then consider the type of occupation intended (i.e. single family dwelling or house in multiple occupation 'HMO'). The requirement for separate space in a HMO is greater than that of a single family dwelling and this should be factored into your considerations.

Waste Storage
Refuse storage facilities must be provided sufficient for the needs of the number of people occupying the house and of a type acceptable to the Local Authority (and in accordance with its recycling arrangements).

Consideration should be given to how waste has to be transported, (distance / steps etc.), to its place for collection especially if this is over land / property which is not under the control of the occupant.


Housing Health and Safety Rating System (HHSRS)
The Housing Act 2004 introduced the above system which describes 29 hazards that can be found in residential dwellings. Although some of the hazards are specifically referred to here, it is not possible for us to consider all the risks by looking at plans. The applicant should give consideration to whether any of them are likely to be a problem on completion of the work. Further information can be found at: http://www.plymouth.gov.uk/homepage/housing/privatehousing/landlords/accommodationstandards.htm


HHSRS Excess Cold ' need for Space heating
Adequate space heating must be provided to all units of accommodation, including common areas (i.e. shared kitchens, lounges, bathrooms, halls and stairs). This needs to be sufficient to maintain the temperature of the main room (or individual rooms) at 19OC when the external temperature is -1oC. The outputs of the system need to reflect the thermal characteristics of the accommodation which include heat loss, draughts and the volume of the room. A properly designed gas central heating system, throughout the property, which is controllable by individual occupiers (TRV radiator control) and available on demand (thermostatic control), together with adequate insulation would meet this requirement. Other systems may be acceptable if they have similar running costs. On peak electric heating is generally more expensive to run and not suitable unless the property is well insulated.


HHSRS Fire ' need for adequate fire precautions
Appropriate fire precautions must be provided in the property. In some circumstances Building Control may take the lead and specify what is required. Where this is not the case the Community Connections Housing Improvement Team will use HHSRS to assess the risk and specify what is needed. In doing this the document 'Housing ' Fire Safety' published by LACORS (July 2008) is used. Further guidance including the relevant document is available on our website: https://www.plymouth.gov.uk and go to Housing > Private Rented Accommodation > Private rented accommodation safety

Further information on commercial fire safety and separation can be obtained from Devon & Somerset Fire & Rescue Service.


HHSRS Overcrowding ' need for adequate space
There needs to be adequate space for living and the associated tasks. Occupancy above the advised limit is likely to cause an issue of overcrowding.

HHSRS ' Food safety ' need for adequate provision of storage and preparation areas for cooking of food.
There is limited space allocated for kitchen use and no provision of facilities to enable the safe preparation of food.

HHSRS ' Electrical ' need for safe provision of protection from shocks and burns
Any electrical system should be protected by an RCD and be provided in accordance with the relevant British Standards.


HHSRS ' Falls between levels.
Window restrictors should be provided to windows above ground floor level. These should prevent a child under the age of 5 from opening the window more than 100mm. Glazing within 800mm of the floor level should be safety glass or guarded by a safety rail. Suitable guarding should be provided externally to protect falls from balconies and landings, accessible roofs, into basement wells and over garden retaining walls.

HHSRS ' Falls on steps and stairs
Any new steps/stairs should be constructed in accordance with the building regulations. All steps/stairs should have suitable lighting, (available at all times), and handrails/guarding. Internal stairs should have a suitable fixed covering (e.g. carpet). External steps should have good slip resistance. Ideally the edges of each step should be highlighted (e.g. with white paint) to help reduce the possibility of missteps.

HHSRS ' Falls on the level
Consider any floors, yards or paths within the curtilage of the property. There should be effective drainage of surface water, adequate and suitable lighting, (within the control of the occupier). Artificial lighting should not provide glare and its associated switches / controls should be sited for ease of use.

Utilities
The electricity and gas meters should be appropriately located so that they are readily accessible to the occupiers (e.g. without being placed at high level such that a ladder is needed to access).

Electricity and gas should supply areas within the control of the occupiers and should not include communal areas (e.g. communal stairs to flats). If communal areas exist any utilities to these areas should be supplied from a landlord meter. The electricity and gas for shared facilities and common areas must be provided from quarterly meters which are the responsibility of the landlord/freeholder.

Mandatory HMO Licensing Scheme
Certain properties require a House in Multiple Occupancy Licence. Typically these are properties that have 5 or more occupiers, (including children), in more than one household. Further information about licensing and the specific HMO standards that relate to licensable properties can be found at:
https://www.plymouth.gov.uk and go to Housing > Private Rented Accommodation > Houses in Multiple Occupation (HMO)

Where a property falls under these requirements a licence must be obtained from Housing Improvement, Community Connections, Plymouth City Council.

Failing to licence a property, which is requires to be licensed, can result in a prosecution (unlimited fine) or a civil penalty up to £30,000.


Management Regulations
These place legal duties upon owners, or agents who act for owners, in respect of houses in multiple occupation (HMO's). Please note that HMO's can include bedsits, shared flats and houses, buildings divided into flats / units of accommodation, guest houses etc.'

Failure to comply with the regulations is an offence for which there are a range of penalties.

More information can be found be searching online for Management of Houses in Multiple Occupation Regulations.


Fire Safety Order
The Regulatory Reform (Fire Safety) Order 2005 applies to all properties with the exception of single private dwellings.

The legislation covers the part of the building from the external access door/s to the premises, up to and including the front door of the individual dwelling (flat/bedsit) ' the parts which are in common use by all of the households. It also covers the common alarm systems which may extend into the flat or bedsit. It may cover any commercial use within the building.

Please check out the following link to obtain guidance on your duties; http://www.legislation.gov.uk/uksi/2005/1541/contents/made

Comment Date: Thu 25 Nov 2021

This proposals makes provision for Executive sized homes. Whilst this may not be considered an 'efficient' use of land, it will fulfil a specific housing demand and the Housing Delivery Team does not object to this approach.

The proposals would trigger the requirement for provision of Accessible Housing PML2 specification housing and the Accessibility Statement submitted suggests that the applicant has addressed this requirement. The property will be split level and therefore to be fully accessible, provision would need to be made for future through floor lift location and stairlift installation (which is better on a straight stair.) If it is possible to deliver 3@ PML2 specification compliant layout as the plan suggests, this approach would be encouraged. There is a chronic shortage of Accessible housing and hence delivery of this type of property should command a market premium.
A condition should be imposed to secure the delivery of minimum 1 dwelling as PML2