Planning Committee

Applications for Consideration

Date of Meeting: 04-Sep-2007

Time: 18:00

Location: William Elder Building, Castlegate, Berwick-upon-Tweed

Planning Committee

Tuesday, 4^th September 2007

Item 4: Development Control

Contents

	Application	Location	Details	Page Number
	06/B/0714	Governor’s Garden and Blackburn & Price Garage, Palace Street East, Berwick-upon-Tweed	Full Planning Application	2
	06/B/0719	Governor’s Garden, Palace Street East, Berwick-upon-Tweed	Listed Building Consent Application	34
	06/B/0720	Governor’s Garden and Blackburn & Price Garage, Palace Street East, Berwick-upon-Tweed	Conservation Area Consent	37
	07/B/0041	23 Castle Street, Norham	Full Planning Application	39
	07/B/0042	23 Castle Street, Norham	List Building Consent Application	52
	07/B/0081	23 Castle Street, Norham	Conservation Area Consent	54
	07/B/0111	30 Front Street, Bamburgh	Full Planning Application	56
	07/B/0262	Land adjacent to Pennymead, Main Road, Milfield, Wooler	Full Planning Application	66
	07/B/0556	13 Burnhouse Road, Wooler	Full Planning Application	75
	07/B/0632	Doxford Dairy Steading, Doxford, Chathill	Full Planning Application	80
	07/B/0633	Veolia Environmental Services, Northumberland Road, Tweedmouth	Full Planning Application	87

Application No.

06/B/0714

Full Planning Application

Proposal	Erection of 60 no. dwellings and conversion to create 6 no dwellings following demolition of outbuildings & garage buildings and conversion of pottery & offices; refurbishment and extension of existing offices
Location	Governor's Garden and, Blackburn & Price Garage, Palace Street East, Berwick-upon-Tweed
Applicant	Lindisfarne Homes
Recommendation	Approve subject to Section 106

Reason for Approval

Conditions

Informative(s)

Background:

Members are requested to consider a report relating jointly to a planning application, Conservation Area Consent (CAC) and Listed Building Consent (LBC). There are no outstanding enforcement or other issues relating to the site to be described in the report.

Planning History:

Members will be aware that previous applications of a similar nature have been submitted and determined on the Governor’s Garden site. Further details of these are provided in Appendix A.

Site Description:

The ‘site’ is in fact two sites; the Governor’s Garden site and the Blackburn and Price site, which are located approximately 30m apart. However, the scheme is linked through the two sites, particularly in terms of provision of affordable housing and non-residential (commercial) elements of the development.

Correspondence on this application sometimes refers to the Blackburn and Price site as a number of different names including the (Border’s) Brewery site and the Silver Street site, but for the sake of clarity this site is referred to as the Blackburn and Price site through out this report.

Full details of the sites are found in Appendix B.

Proposed Development:

A total of 25 permanent ‘market’ dwellings are proposed on the Governor’s Garden site. 19 units would be newly built whereas 6 would be provided through conversion of buildings adjoining Governor’s House (all in the section on the south eastern/ southern boundary). 16 dwellings would be built in two sections in the northern part of the site; a further block with 3 dwellings would be constructed in the southern section, quite close to the part to be converted. A formal garden space would be created in the middle of the site, to reflect the importance of the setting of the Governor’s House and relate to the site’s original use.

The new buildings would be contemporary in terms of their overall design, but having been informed by elements of the layout and design of some of the traditional buildings in the locale. All are proposed over two storeys (including the conversions) but would not be overly tall or dominant in the local setting. The scheme has been designed so that the Governor’s House would continue to stand out as the tallest and most imposing/eye-catching building on the site.

Materials to be used would be slate, stone and render in some areas with timber windows proposed throughout.

On the Blackburn and Price site, 43 dwellings would occupy the site as a result of the development, although two of these already exist (as dwellings) meaning there would be 41 new dwellings created. 12 of the dwellings are proposed as affordable homes (i.e. tenure to suit low-income renting or purchase – exact tenure arrangement to be controlled by accompanying Section 106 Agreement). A small section of office space is proposed in a converted section in the northernmost corner.

Most of the new accommodation would be at ground and first floor level, although taller sections would contain accommodation on two further floors (second and third). Again, the overall ‘feel’ is of contemporary architecture utilising traditional materials and design elements to inform it. The accommodation would be built around an open central area providing communal outdoor space and some designated parking within.

Details of the relevant planning policy, consultation responses and representations made in response to publicity are contained in Appendices C and D.

Main Issues:

The main issues of relevance to the determination of this application are therefore:

Officer Observations:

Principle:

The proposals contain uses, designs, layouts and densities which accord with National Guidance, adopted existing Policy and emerging new development plan policy.

Both sites are brownfield in nature, having been completely developed previously for commercial uses. Both are within easy walking distance of the services and shops of Berwick town centre– the most sustainable location in the Borough in terms of what is available and how far one must travel to obtain it.

The impact on the Grade II* listed Governor’s House and its setting, and in particular the fragmentation of the house from its original garden land is of paramount importance in the context of the principle of development – if any proposed development would unacceptably alter the setting, the principle would also be unacceptable. However, this Council does accept that both sites are capable of being developed without causing an unacceptable level of visual impact or fragmenting historic items such as the Governor’s House and its garden, as shown by the adopted Supplementary Planning Guidance of the Development Brief. The house and gardens are estimated to have been built in 1719 and historic mapping shows that the garden area has not been used as a garden in connection with the Governor’s House since at least 1852 (although it would have been in the same ownership). Over the last 150 years, there has not been an unacceptable fragmentation of the house and garden area despite this development. The house and garden are now legally subdivided in terms of ownership, and it is not reasonable or realistic for the planning department of a council to hold out against subdivision in any way in the hope that at some stage in the future, the house and garden will be formally re-united.

The impact of the proposals on the Ramparts as a Scheduled Ancient Monument, the listed buildings in the surrounding area (Palace Street East, Palace Street, Palace Green and The Avenue) and on the Berwick-upon-Tweed Conservation Area is also of importance in the context of the principle. However, as noted above the Council has given implied approval to the principle of development on both parts of the site through the Development Brief, which remains adopted policy, and housing was formally acknowledged as an acceptable development option.

Preliminary/Site Clearance works:

Both national guidance and local Policy, in particular F24, would give endorsement to the clearance of existing buildings from sites within Conservation Areas in the event of suitable replacement schemes being brought forward (and the relevant planning and other permissions granted). As both sites contain buildings and structures which have little or no architectural merit that could be demolished to facilitate development of a suitable quality, it appears that if a recommendation for approval of the development scheme is offered, then approval of site clearance works would also be accepted.

Details:

Design/Visual appearance:

The submitted schemes have a particular architectural style. They have taken information from the local vernacular via the skills of the architect, are contemporary to a degree and have been influenced by the Borough Council (Conservation Officer, CAAG), English Heritage and, for certain details, by the comments of the public and interest groups. The schemes currently under consideration are much altered since their conception and can now be acknowledged as of a balance between being neither too bold nor totally subordinate to their surroundings. In such a sensitive environment, substantial new development cannot afford to be overly-dominant or too recessive – the contribution that the development makes to the environment must be positive.

The amended plans incorporate revisions to some of the original design details in response to specific comments received as part of the consultation exercise. Some of the design details have continued to be criticised but it is felt that the amendments made resolve all of the significant issues arising from the original design. Matters of design details are almost always contentious and it is near impossible to provide a design scheme which will be seen in a positive light by everyone. The present design does contain many positive details including the use of the materials proposed, the proportions and design features utilised, the use of occasional breaks in the street frontage and specific architectural detailing proposed. All of these elements are specific reflections of the local vernacular and the present scheme and approach is considered to be above average in design/appearance terms in this particular set of circumstances.

Impact on Governor’s House and curtilage:

The impact of the proposals on the Governor’s House and its curtilage is probably the most sensitive issue in this application. As detailed previously the property is a Grade II* listed building which is of significant importance to Berwick’s heritage, as well as having a degree of importance nationally. One of the reasons for refusal of the previous application for the Governor’s Garden site was that it would have an unacceptable impact on the Governor’s House, and this was also provided as a reason for the subsequent appeal dismissal.

The current design has therefore, been produced to reflect the importance of the Governor’s House. The ridge heights of the new buildings have been proposed to be no higher than the render line of the rear of the building. This is in accordance with the advice in the Development Brief for the site and ensures that the Governor’s House remains the dominant building on the plot. The proposals will enable the Governor’s House to be seen from all of the viewpoints along the ramparts from the end of The Avenue/Rope Walk to the end of Palace Street East. It is acknowledged that some of the views currently provided from either side of these views from the ramparts will be slightly interrupted by the proposals, but as all of the new buildings are a maximum of two stories, the views would not be lost completely and are considered to remain positive. The layout of the buildings has also been chosen so that, from the centre of these rampart views, an uninterrupted head-on view of the House is provided across the formal garden area sitting in front of the House and between the two lines of new buildings. This is a marked improvement on the existing situation, where head on views from the ramparts are obscured by the roof structures running adjacent to the rampart walls.

As discussed above, the design features proposed have been carefully selected to complement and reflect the surrounding buildings, including the Governor’s House. It is, therefore, considered that the architectural details and materials proposed sit well with the design and detailing of the Governor’s House.

An application for Listed Building Consent (LBC) has been submitted for the works which directly affect the listed structures on the site, including the internal works which will be required. There is some confusion over the extent of the listing and how far it covers the former pottery buildings which adjoin the main body of the Governor’s House to the south. However, the LBC application specifically covers all of these buildings to ensure all of the works are covered. As discussed above, the external proposals are considered to be in keeping, and the internal proposals are considered to be both suitable for the proposed development and suitably sympathetic to the listed building.

It is not considered that the fragmentation of the House from its original Garden area would have a significant adverse affect on the historic character of the site. Officers are satisfied that the design and layout is sufficiently sympathetic to the historic context, with a formal garden area provided directly in front of the Governor’s House. With the retention of the existing boundary walls, structures and buildings, the House and Gardens would still be viewed as ‘one’ site with a clear connection between the House and Garden areas.

In summary, it is not considered that there would be any significant adverse effects on the Grade II* listed Governor’s House or its curtilage of the Garden site, from the design, height, materials or layout proposed, and it is considered that the proposals sufficiently support the historic context of the site and the connection between the House and Gardens.

Impacts on surrounding listed buildings, the Conservation Area and the Scheduled Ancient Monument:

There are a number of listed buildings in the area surrounding both the Governor’s Garden and Blackburn and Price sites. The majority of these buildings are Grade II listed, but along with the Governor’s House, there is also another Grade II* listed building at the old Grammar School.

The Governor’s Garden site would have a direct impact on the two properties on the Avenue which are listed, numbers 3 and 5. These two properties have views from the upper floors over the boundary wall and into the site. The proposed development would see new buildings constructed parallel to the boundary wall along The Avenue, which would be two storey dwellings, around 8.3m high to the ridge line. At the closest point to the listed buildings on The Avenue, the new buildings would be around 21.5m away. Although there would be quite a significant change in the make up of the views from The Avenue over the site, this change is not considered to be significantly negative. The distances from the buildings on the Avenue, and the heights of the proposed buildings, would not lead to any significant overlooking or blocking of light or views. Views across to the Governor’s House would also remain as the House is around 14m in height at the ridgeline and would therefore be visible above the new buildings.

The other listed buildings around the Governor’s Gardens site would see their visual outlook improved, as their views are mainly of the external faces of the existing buildings along the south western boundary, which will be improved from their existing, slightly run down condition.

At the Blackburn and Price site, there are listed buildings opposite the land on Palace Street East, including the II* listed former Grammar School. The outlook from these listed buildings would change dramatically from a view of the existing, largely commercial site, with workshop premises along the Oil Mill Lane boundary, to a line of two and three storey buildings across the full frontage of the site. However, the existing site is not considered to provide any positive aspects to the location, and the design of the proposed buildings is considered to be of a high quality with points reflecting the listed buildings (height and proportions, in particular). Therefore, it is considered that the proposals would fit in well with the listed buildings, and not lead to any adverse effects on them.

The Berwick-upon-Tweed Conservation Area covers the entire town centre area of Berwick, with the boundary running along Spades Mire to the north, encompassing the castle remains to the west, before running along the riverside to the Marlin Buildings before heading along Pier Road and then taking in all of Magdalen Fields on the eastern boundary. A Rapid Character Assessment of Berwick, Tweedmouth and Spittal was undertaken by English Heritage in 2005 and, while not specifically looking at the Conservation Area, it did cover all of the land included. This assessment found that the area around Palace Street East comprises, in general, substantial houses occupying generous garden plots with a particularly high architectural quality. Of particular note to these proposals, the assessment identifies the continuous frontages made up of single houses and pairs with few rows or terraces, the medium sized and larger houses (as many as five bays wide and often of three bays and three storeys), the long two storey façade to Silver Street provided by the surviving frontage to the Border Brewery and the disruption caused to the residential character of Palace Street East by the open nature and use of the Blackburn and Price site.

Given the proposal’s use of continuous frontages, short sections of co-joined properties, the preservation of the Silver Street façade and the infilling of the open frontage on Palace Street East at the Blackburn and Price site, it can be seen that the proposals are protecting and enhancing the character of the Conservation Area.

The proposals could potentially impact on the Ramparts as a Scheduled Ancient Monument as there are existing buildings built up against the inner side of the Ramparts around the eastern boundary of the Governor’s Garden site. No objections have been received which refer to the Scheduled Ancient Monument from English Heritage or the County Archaeologist. It is considered that these structures can be removed without any damage being inccurred to the Ramparts, and a condition is recommended to ensure the careful demolition of these structures.

Access, parking and traffic:

The access to the Governor’s Garden site would be obtained through the existing access in the north west corner of the site. The access gap in the boundary wall would remain as existing with no widening or alterations being necessary. Vehicular access to the Blackburn and Price site would be via an archway onto Palace Street East, with pedestrian and service/emergency vehicle access available off Silver Street. No objections have been received to the access proposals by County Highways and they are all considered to be acceptable.

On the Governor’s Garden site, each of the 25 dwellings created will be provided with one car parking space each, and on the Blackburn and Price site there would be a parking space provided for each of the 29 market priced dwellings provided; 54 parking spaces in total. The number of spaces has been chosen to encourage the use of more sustainable methods of transport, other than private cars, by the residents of the proposed development. The Transport Assessment submitted with the application, was undertaken prior to submission and considers the provision of 51 parking spaces within the development. It concludes that 51 spaces would reduce the demand for on-street parking compared to that generated by the existing garage use at Blackburn and Price, and therefore it can be considered that a total of 54 spaces will have a similar reduction.

The amount of traffic on the local road network, and the implications which this could cause, are also considered in the Transport Assessment. When a comparison is made with the existing traffic levels generated by the garage use at Blackburn and Price, no discernable changes to traffic levels are predicted.

It should be noted that although the garage at the Blackburn and Price site is not currently in use, planning law states that the ‘fall back’ position of the site should be considered by the Local Planning Authority. The fall back position is what the applicant could do with the site without any fresh planning applications being granted. In this instance, the use of the site as a garage could be re-commenced at any time, and therefore this should be used as a comparison with the proposed development.

The highways office also raised concerns over the pedestrian accesses leading directly onto the vehicular highway on Oil Mill Lane and thereby creating a health and safety risk. The accesses were introduced to the scheme in response to comments from English Heritage who felt Oil Mill Lane would benefit from more activity at street level. Discussions took place to see whether a traffic management scheme could be introduced on Oil Mill Lane that would allow a footpath to be provided to alleviate the concerns. Although this was accepted in principle by the highways office there is no guarantee at this time that such a scheme will be forthcoming, and therefore for reasons of health and safety it is proposed that these accesses are not to be used. A condition is attached to this effect.

Archaeology:

Both of the sites have a high potential for archaeological value, especially the Governor’s Garden. A Carmelite Friary was established at Palace Green in 1270 and the site of the Friary is likely to encompass some of the proposal site. A previous ‘Governor’s House’ is also likely to have been situated on the same site prior to the present building being constructed in the early 18^th Century. Although there is little direct evidence available which shows any archaeological remains on the Blackburn and Price site, given the evidence available for the surrounding areas, and Berwick town centre as a whole, the site has good potential for remains from the medieval period onwards.

A number of objections were received on the basis of archaeology, with some calling for a full archaeological survey to be undertaken over the whole site and a number of concerns raised over the use of piling to provide the foundations for the development.

The County Archaeologist has been involved in detailed discussions with the applicant, which have been ongoing over a number of months since the submission of the application. The Archaeologist considers that a full survey of the whole site would be prohibitively expensive and would be contrary to national advice contained within PPG 16 and that the proposed piling techniques are sufficient to accord with the guidance contained in PPG 16. This has resulted in the recommendation of two briefs, one concerning archaeological mitigation and one concerning the recording of the existing buildings to be demolished. A series of conditions have also been proposed to ensure the works detailed in these briefs are undertaken correctly.

A similar approach was considered to be the appropriate response by the Inspector during the previous appeal on the Governor’s Garden site.

Ground Conditions

The geo-technical survey for the Governor’s Garden site finds that piling is likely to be the most suitable method for providing foundations at the site and recommends that a specialist piling contractor is employed to determine the exact piling solution. A condition is recommended to this effect. There is not concluded to be any significant issues arising with regard to groundwater, hazardous gas leakage or provision of services, providing standard good practice techniques are utilised in the construction process. With regard to contaminated land and the risk of pollution or health risks occurring from this, the report concludes that there is a low risk to end users and no specific remedial action is required, above normal working arrangements regarding health and safety.

Not withstanding the above, the Borough Environmental Health Officer has recommended that conditions are attached to ensure further survey works, and possible mitigation measures, are implemented before development commences. The use of these conditions along with the findings of the geo-technical surveys are considered to be sufficient to mean that no adverse effects will occur as a result of the ground conditions on the sites.

Biodiversity

Neither of the two sites is generally considered to present any significant issues with regard to biodiversity and the initial comments from Natural England were that they had no objections to the proposals. Subsequent to these comments, it was put forward that bats may use the Governor’s Garden site and the applicants therefore commissioned a bat survey of both sites. The survey finds that the Blackburn and Price site has low or negligible potential for bats to be present, and one building on the Governor’s Garden site has moderate potential for bats being present. The other buildings on this site are considered to have low or negligible risk. The survey recorded one bat using the Palace Street East site and details a precautionary approach, with suitable mitigation and compensation measures, which is recommended for the site.

Natural England have subsequently confirmed that they still have no objections to the proposals and that the bat survey provides sufficient information and recommendations to ensure that bats should not be harmed by the development.

Housing Density and Type:

In the context of Government recommendations for new housing development, the density of the Blackburn and Price site responds more strongly to the Government’s targets than does the Governor’s Garden site. The former contains all the affordable homes proposed and reserves the larger, market housing for the latter where it is considered more important to reflect the luxurious characteristics of the Governor’s House.

Objectors have raised density as an issue on both sites, but particularly on the Blackburn and Price site (too high a density). The site, however, is considered to be capable of taking the level of development proposed, without compromising the surrounding locale in terms of built form, parking requirements and any perceived social impact. Although the site is not located in the primary street frontage of the town it is nonetheless in a position where a network of streets connect and there is a certain level of vibrancy and mixed use, particularly of pedestrian movement, into which this higher density of development would be accommodated.

The number of affordable housing units identified for the development represents a percentage of approximately 18% of the homes that will exist on site. If Members are minded to approve the application, it is recommended that a Section 106 legal undertaking is used to secure the affordability of the nominated social housing.

Sewage Infrastructure:

Northumberland Water originally objected to the proposals on the grounds that the pumping station and sewage treatment works which will accept foul water flows from the sites, are operating to capacity and therefore would not be able to cope with the increase in flow arising from the proposed developments. However subsequent discussions then took place between the applicant and Northumbrian Water, during which a method for dealing with foul water flows from the sites was agreed. Northumbrian Water therefore have withdrawn their initial objection and recommended conditions be used to ensure these measures are implemented. Given Northumbrian Water’s revised comments, there are not anticipated to be any problems arising due to the sewage flows from the sites.

Residential amenity:

The impact on the amenity of the residents of surrounding properties is one which has been raised by a number of the representations on the proposals. In particular, the following points have been made: the houses on the Avenue will suffer from a loss of privacy, daylight and sunlight; the overlooking of 2 Palace Street East and the proximity of the bin storage area to this property; effects of noise and disturbance from the construction activities; and problems with traffic congestion and parking.

Although the houses on the Avenue would be faced by the first floors of the dwellings proposed alongside the boundary wall, it is not considered that this situation would lead to an unacceptable loss of privacy. The layout of the proposed dwellings means that the distances between these and the houses on the Avenue will vary from between 21.5m at the closest point to around 37m at the furthest. Distances between facing properties in the surrounding area are typically smaller than those proposed - from less than 10m to 20m in most cases. The proposed distances are therefore considered to be more than adequate to protect residents’ privacy, and furthermore, the proposed dwellings would be facing the front of houses on the Avenue and not overlooking any of the garden spaces. Again, the distances between the buildings and the townscape of the surrounding area should mean that no significant effects are created with regard to loss of sunlight or daylight.

No. 2 Palace Street East is a residential property and also houses self-catering holiday apartments. The owner of the property has made representations objecting against the overlooking of the garden area by the proposed three storey building along Oil Mill Lane and the bin storage area off Oil Mill Lane, opposite 2 Palace Street East. It is acknowledged that there will be a degree of overlooking of the garden and sun deck area of 2 Palace Street East by the proposals. However, given the screening provided to these areas by the existing boundary wall and the existing trees, and the position of the proposed buildings, this overlooking would mostly be available to windows of a bedroom and a bathroom of two flats and this situation is not considered to be unacceptable. Sight lines from other windows and flats would be hampered by distance and angles to such a degree that overlooking is not considered to be an issue. The proposed bin storage area has led to concerns over the smell, the collection of the bins and the low wall surrounding it which it is suggested could encourage anti-social behaviour. No objections to the location have been received from the Environmental Health Officer and the bins would be kept within a roofed enclosure helping to minimise the chances of odour escaping. The height of the wall is considered to be appropriate to afford views into the centre of the site and provide interaction between these internal areas and the outside of the site. Discussions with representatives from the Borough’s Environmental Directorate have confirmed that collection wagons would be able to reverse into Oil Mill Lane and access the bin storage area from here - removing the need to wheel bins out to the junction of Oil Mill Lane and Palace Street East, thereby avoiding any obstructions here.

There will inevitably be some noise and disruption caused by the construction activities. However, this is a consequence arising from almost all developments. As with all such issues, these are only temporary in their nature and conditions have been recommended by the Environmental Health Officer to ensure they do not create any significant adverse effects for local residents. It is therefore considered that these issues will not prove to be unacceptable.

Conclusions:

It is acknowledged that the two sites which make up the application site are very sensitive locations within Berwick-upon-Tweed, especially so the Governor’s Garden, given the proximity and importance of the Listed Buildings, Conservation Area and Scheduled Ancient Monuments of the area. Any proposals for these sites are, therefore, going to be contentious. However, as set out above, the principle of development of the sites is considered to be acceptable and is in accordance with the adopted planning policy in Berwick. Certainly both sites are in a poor condition at the present time and the area would benefit enormously from their improvement.

The proposed scheme has been developed to take into account the reasons for refusal and dismissal of the appeal for the previous application on the Governor’s Garden site, the extensive pre-application discussions which were undertaken, the comments received from consultees including the statutory bodies, the comments received in response to publicity and the ongoing discussions with officers and various parties throughout the application.

As detailed in this report, it is officers’ consideration that the proposals would not have any significant adverse effects on the listed buildings of the surrounding area including the Grade II* Governor’s House itself, the Berwick-upon-Tweed Conservation Area, the Scheduled Ancient Monument of the Ramparts, or on the environmental, public or residential amenity of the area. It is considered that the proposals will have positive effects in terms of the improvements to be made to two sites which are presently in poor condition and detract from the local surroundings.

It is, therefore, considered that the proposals accord with the relevant planning policies of the Berwick-upon-Tweed Borough Local Plan and those provided in wider strategic, regional and national plans and guidance.

Recommendation

It is recommended that planning permission, listed building consent and conservation area consent are granted, subject to the receipt of written confirmation from County Highways that they are withdrawing their objections and providing their suggested conditions.

Letters of representations received from:

David and Anne Robinson, Flagstaff House, 5 The Avenue, Berwick

Janet Clare-Dean, 3A Church Street, Berwick

T.J. Dudgeon, The Retreat, 6 The Avenue, Berwick

G Everett, 1 The Avenue, Berwick

Susan W. Howard, 8B Palace Street East, Berwick

Peter Howard, 8B Palace Street East, Berwick

Ian and Amanda Brumwell, 8 Castle Terrace, Berwick

Judith and Robin Nicholson, 3 The Avenue, Berwick

Berwick-upon-Tweed Civic Society

James McDougall, Saint Duthus, 6 Palace Street East, Berwick

Vivien McDougall, Saint Duthus, 6 Palace Street East, Berwick

Save Britain’s Heritage, 70 Cowcross Street, London

W.K. & B Leiper, 8 Silver Street, Berwick

John Haswell, 2 Palace Street East, Berwick

Rt Revd Stephen Platten, Bishop’s Lodge, Woodthorpe Lane, Wakefield

Do Shaw, 2 Devon terrace, Berwick

Simon H Foxton, c/o Avenue House, Palace Street East, Berwick

Berwick Wildlife Group

Paul Woodfield, Woodfield Architectural and Archaeological Services

Requests to make verbal representations at committee made from:

David and Anne Robinson, Flagstaff House, 5 The Avenue, Berwick

Janet Clare-Dean, 3A Church Street, Berwick

T.J. Dudgeon, The Retreat, 6 The Avenue, Berwick

Judith and Robin Nicholson, 3 The Avenue, Berwick

Berwick-upon-Tweed Civic Society

James McDougall, Saint Duthus, 6 Palace Street East, Berwick

John Haswell, 2 Palace Street East, Berwick

Appendix A: Planning History

01/B/0700 (CAC) & 01/B/0701 (P.APP) – 44 dwellings following demolition of some of the buildings on site – WITHDRAWN 17.12.02. It appears that appeals were submitted to the Secretary of State in respect of both files (against non-determination) but that the appeals were also withdrawn as new applications were to come forward.

02/B/0573, 02/B/0574 & 02/B/0575 – Duplicate planning applications and CAC for 44 dwellings following demolition of buildings on site – all applications were refused on 10.12.02. The reasons for refusal were:

This scheme went to appeal, which was subsequently dismissed as the proposals were concluded to cause serious harm to the setting of the nearby listed buildings and the scheduled ancient monument, and to the character and appearance of the Berwick-upon-Tweed Conservation Area.

There is no history of any similar applications having been submitted on the Blackburn and Price site.

Appendix B: Site Description

1: “Governor’s Garden”

This part of the site is located within Berwick-upon-Tweed Conservation Area, in the core of the historic town and is close to the southernmost section of the Town Walls. The site is approximately 0.5 hectares in size and is reached, on foot via the Walls (pedestrian connections to the Walls from Palace Street East and the Avenue) or via the town’s old road network by vehicle or on foot. There is only one access into the site, which is located in the north-west corner and this situation is to remain.

The site is irregularly shaped and sits at a lower level than the Walls; it is flat but contains many buildings and structures so forms part of the townscape. However the majority of these buildings are in poor condition and they are considered to detract from the townscape in this area of Berwick. To the north is a beautiful row of unique dwellings fronted by an open green, called The Avenue; to the east/south-east are the walls and the river; to the south is Palace Street and the substantial buildings serving as dwellings (although only a short section of Palace Street actually faces the site) and to the west is Palace Green and Palace Street East. Palace Green is a handsome purpose-formed public space (Victorian) although it is surrounded by a high iron railing and includes a pavilion last used as a scout hut at its southern end. The setting is prominent, sensitive and strong in terms of its association with history, townscape and former uses/occupation of the town.

The site itself includes (although not forming part of the application and in separate ownership) Governor’s House, a tall, substantial, building with associated secondary buildings adjoining. When originally constructed the site was the formal garden area connected with Governor’s House. Governor’s House, the immediately adjoining buildings, and the boundary walling along the north and north-western boundaries of the site are a Grade II* listed building. The adjoining buildings include the Governor’s Lodge, which is a private residence in separate ownership to the main house and the application site and does not form part of this application. The other adjoining buildings incorporate the former Pottery buildings to the south of the main section of Governor’s House. The listing is unclear as to how much of this range is included in the listing, but they can certainly be considered as curtilage buildings. The details of the listing were amended in 2005 to fully reflect the importance of the buildings adjoining the main house and the boundary walling. The updated listing also included details of the history of the site and its importance in a national context. Although the listing does not specifically include the garden area, it is mentioned in this associated historical background and can therefore be considered as the ‘curtilage’ to the listed structures.

Because this site is viewed often from a higher level, it is easy to get a perspective of the house in relation to the former garden(s).

2: Blackburn and Price:

This second site is located not far from the other, approximately 30m to the north, with its west boundary aligned with Palace Street East. Some of the correspondence on the file refers to this site as the former (Borders) Brewery or the Silver Street site, but for clarity it is referred to as the Blackburn and Price site through out this report.

The site is 0.35ha in area and is surrounded by roads or rights of way. It is roughly rectangular in overall layout, with Silver Street along the north side, Foul Ford along the west (although this is separated from the site by other in-use buildings in commercial or housing) and a narrow thoroughfare called Oil Mill Lane to the south.

The site contains a variety of buildings including some traditional terraced stone buildings fronting Silver Street to the north, parts of which have been converted to a car showroom/office. Buildings to the west are substantial and would not form part of the development proposal as they would remain in use. The remainder of the site contains relatively modern commercial buildings and boundary items such as palisade fencing. This is another prominent site and stands out as an open, industrial/commercial use (vehicle repairs/sales) in a predominately built up residential area of the town.

Beneath the buildings lies a large vaulted series of rooms last used formally as a night club. This area has not been inspected by the case officer.

Both sites are sensitive in terms of their archaeology, their relationship with other buildings, several of which are listed and their prominent situations in the historic core of Berwick. Maps from the 1700s show the two sites and they can be considered to have been to be at the core of the town from at least this date. The Governor’s House is one of the most important buildings in Berwick due to its age and posterity. The Blackburn and Price site was once occupied by buildings operated as a brewery – documents accompanying the submissions inform on this.

Appendix C: Planning Policy

Local Plan Policy:

The following Local Plan Policies (1999 Plan) relate significantly to the proposed development(s):

Relevant Emerging Core Strategy/Local Development Framework Policies:

In terms of the emerging draft Core Strategy (2007), Policy SPP1 is very relevant in terms of the principle of delivering development in the most sustainable areas of the Borough, targeting new development in Berwick (for mixed uses) to the east of the railway main line.

Relevant National Policy Guidance:

Relevant guidance is to be found in various Planning Policy Statements and Planning Policy Guidance notes (PPSs and PPGs) issued by central government. Of particular relevance to this development proposal would be PPS1 (Delivering Sustainable Development), PPS 3 (Housing), PPS 6 (Planning for Town Centres), PPG 15 (Planning and the Historic Environment) and PPG 16 (Archaeology and Planning).

County Council Policy:

The Northumberland County and National Park Joint Structure Plan was adopted in February 2005 and includes relevant Policies relating to archaeology, listed buildings and conservation areas. The Policies are akin to those in the Berwick 1999 Local Plan. HC2, HC3, HC4, HC5, HC6 refer.

Development Brief:

An adopted Development Brief exists for this site, dated September 2001. This is an adopted item of Supplementary Planning Guidance, produced by Berwick Borough Council.

In section 3, the Brief states that “The site lends itself to a range of high quality development opportunities” and “It is therefore important that the appropriate development is found and that the site is not allowed to fall into decline.” (Paragraph 3.1)

In paragraph 3.2 the principle of housing development is accepted. Other sections give detailed coverage to issues of archaeology, accessibility and parking, landscaping, flooding and drainage, design and layout and general design principles.

Work to update the Development Brief was commenced in 2005 and the proposed amendments continued to promote development on the site, including housing. However, the amendments were never adopted and the 2001 version of the Development Brief therefore remains the adopted policy.

Appendix D: Summary of Consultation and Publicity Responses

Pre-application Discussions and Consultation:

The submitted schemes follow pre-application consultations between the Borough Council, the developers, architects and English Heritage, whose input was particularly targeted towards the development of the Governors Garden, due to its historic significance.

As a result of further comments received after the receipt of the application in August 2006, amended plans were submitted in February 2007 to take into account some of the comments received on various design issues. Further minor amendments have also been submitted during the application in response to various queries and input which has been received.

Consultation Summary:

Berwick CAAG (Conservation Area Advisory Group):

Aug 2006 (Original scheme): Various concerns expressed about elements of design, subdivision of garden from house etc. but set in present context by Berwick BC’s Conservation Officer in terms of an acceptance that a suitable residential development can be supported in this location.

Environmental Health (Berwick BC):

18.9.06: Potential for land on both sites to be contaminated, therefore conditions are recommended to ensure pre-development work is undertaken to assess contamination. Conditions also recommended to protect the local area from noise, air and vibration pollution during the construction phase.

Natural England:

23.8.06 (as English Nature): No objections raised and no conditions proposed (no significant impact on biodiversity).

N.B. Natural England re-consulted with a bat survey report on 3.5.07 and 12.7.07 – response received confirming no objections subject to conditions.

Commission for Architecture and the Built Environment (CABE):

8.9.06 (to original scheme): supported without reservation – quality of scheme acknowledged.

19.3.07 (to revised scheme): Position same – fully supported.

The Georgian Group:

11.9.06 (original scheme): Governor’s Garden: Appreciates improvements to the scheme since earlier 2002 applications but still has serious concerns about some elements of the design, parking location, access. Blackburn and Price: object to the development on grounds of intensity, scale and design.

12.3.07 (Revised scheme): Similar position/comments as previous letter.

English Heritage:

12.9.06 (original scheme): Governor’s Garden: Consider scale of development is acceptable but concerned over layout and architectural detailing. Blackburn and Price: Consider further design work is necessary to ensure development relates well to its context. Recommend adjustments to the design/further information necessary.

Northumberland and Newcastle Society:

12.9.06 (original scheme): Generally supportive of the proposals at the Governors Garden site, especially the improvement to the rear presentation of the house and the provision of a formal garden area. Concerns raised about Blackburn and Price on the grounds that there may be an overdevelopment proposed and other details are unsatisfactory.

County Archaeologist:

27.10.06 (original scheme): Governors Garden – some work on archaeology already done and conditions recommended. Additional survey work will be also be required. Blackburn and Price site not yet subject of any archaeological assessment work and a high level of investigation will be necessary

30.10.06 (original scheme): Outstanding archaeological work must be done on both sites prior to determination.

12.2.07: Concerns about approach of archaeological evaluation at Blackburn and Price site due to high archaeological potential – need further information relating to borehole surveys of both sites, proposed foundation methodologies for both sites, archaeological evaluation at Blackburn and Price site and potentially further evaluation at Governor’s Garden.

Would recommend refusal presently in the absence of adequate information.

Several negotiations then took place between the developer’s architects and the county representative, who visited the site several times in February and March. This resulted in a method of archaeological survey being agreed and subsequently undertaken by the applicant.

4.7.07: In response to the findings of this survey work, the County Archaeologist advises that the archaeological potential of both sites is high, but that each site has a different historical background. He therefore recommends that specific programmes of archaeological mitigation and recording of the existing buildings are produced, tailored to the individual requirements of each site. The correspondence confirms that no objections are raised and recommends a set of conditions to ensure that the programmes of mitigation are produced and implemented correctly.

Northumbrian Water:

16.11.06: Raise objections due to the lack of capacity of the existing pumping station and sewage treatment works which would receive flows from the proposals. Other standard comments/informatives made in respect of surface waters, connections to public sewers and sewers being offered for adoption.

30.4.07: Letter received confirming that, following negotiations between the applicant and Northumbrian Water, the objections have been replaced by recommended conditions to secure operable sewage and surface water infrastructure.

Northumberland County Council Highways Officer:

7.3.07 (Revised scheme): Blackburn and Price proposals incorporate narrowing of Palace Street East and associated loss of 5 on-street residents’ parking bays - Highways Authority would not authorise works to the highway in the context of these changes even if planning permission is granted. Pedestrian access to Oil Mill Lane with no segregated pedestrian facilities unacceptable – latest scheme is worse than the last in this respect as new accesses have been added.

Governor’s Garden: Turning area for refuse vehicles inadequate – needs increased radius.

Therefore the County Highways office objects and recommends refusal of the application.

Subsequent discussions have led to verbal representations that the objections will be removed subject to conditions (site meeting 4 July 2007). However, we have not yet received the written confirmation of this decision. It is therefore considered appropriate to recommend approval, subject to the receipt of this confirmation.

Society for the Protection of Ancient Buildings (SPAB):

7.3.07 Local Planning Authority must consider whether the site is still suitable for residential development. If it is considered to be suitable, SPAB makes the following comments about the scheme submitted:

Overall, scheme does not give adequate consideration to the character and setting of the site as a whole or the impact on the setting of the listed building.

Representation Summary:

32 letters of representation have been received in respect of the developments from 19 different persons or organisations. These include letters from the Berwick Civic Trust and the Berwick Wildlife Group. 20 of these letters were submitted in reference to the original plans, with the remaining 12 letters submitted following receipt of the amended plans. A summary of the issues of relevance raised would be:

Governor’s Garden:

Blackburn and Price Site:

General comments relating to both sites

Application No.

06/B/0719

Listed Building Consent Application

Proposal	Conversion of pottery to create 6 no dwellings; erection of 19 no dwellings
Location	Governor's Garden, Palace Street East, Berwick-upon-Tweed
Applicant	Lindisfarne Homes
Recommendation	Approve subject to conditions

Reason for Approval

Conditions

Informative(s)

Background:

Members are requested to consider a report relating jointly to a planning application, Conservation Area Consent (CAC) and Listed Building Consent (LBC). The full committee report is contained with application 06/B/0714 which is contained elsewhere on this agenda.

Application No.

06/B/0720

Conservation Area Consent

Proposal	Demolition of museum buildings, outbuildings and garage buildings
Location	Governor's Garden and, Blackburn & Price Garage, Palace Street East, Berwick-upon-Tweed
Applicant	Lindisfarne Homes
Recommendation	Approve subject to conditions

Reason for Approval

Conditions

Background:

Application No.

07/B/0041

Full Planning Application – Deferred from meeting on 7 August 2007

Proposal	Conversion of garages to create 1 no dwelling
Location	23, Castle Street, Norham, Berwick-upon-tweed, TD152LQ
Applicant	Mr & Mrs D J Hogg
Recommendation	Approve subject to conditions

Reason for Approval

Conditions

Informative(s)

This application was deferred by members at August Planning Committee to undertake a site inspection before further consideration.

Background

Applications for development for the following were registered by the Local Planning Authority on 23/24 January 2007:

07/B/0041 – Full Planning Application

07/B/0042 – Listed Building Consent Application

07/B/0081 – Conservation Area Consent

The subject applications are for Demolition of outbuilding and conversion of garage and rebuilding/conversion to create to create 1 dwelling.

Relevant site and locality descriptions are outlined below.

Site Description

The site is 23 Castle Street, Norham. The site is located within the Norham Conservation Area. The site is within a large group of sites that are traditional burgage plots fronting Castle Street with rear access to North Lane.

The site accommodates a listed building (Grade ii), the principal dwelling, which has frontage to Castle Street. The buildings which form the subject of this application are the rear outbuildings which front North Lane. These buildings, whilst not listed in their own right, are curtilage structures.

The site is approximately 62metres in length. The boundary has irregular width in that the street frontage to Castle Street spans the width of the principle dwelling at approximately 10m. At the rear however, the site has a greater width by virtue of the ownership of two outbuildings spanning the rear boundary which have altered the rear boundary in the past. It is pertinent to consider this anomaly now, considering it is by virtue of the rear boundary that this proposal has merit given the availability of parking at the site.

North Lane accommodates a mixture of dwellings houses of various styles and ages, as well as utility and outbuildings.

Proposals

The proposal consists of two key elements:

1) Demolition of outbuilding. The outbuilding to be demolished is the eastern of the two.

2) The second element to the development is the reconstruction of the outbuilding and conversion of the existing building to accommodate a new dwelling at the rear of 23 Castle Street, Norham.

Originally, the dwelling was intended to accommodate three bedrooms; however the proposal has been amended to accommodate two bedrooms with associated parking. Members will note that the development incorporates off street parking for both the newly proposed dwelling and parking for use by residents of the principle dwelling 23 Castle Street, Norham.

This proposal is considered to have merit given that it retains outbuildings within the conservation area and the ability of providing off street parking for the new dwelling as well as the dwelling at 23 Castle Street, Norham.

Consultation Summary

Norham Parish Council (Norham Parish Council have requested to address planning committee).

The parish Council has objected to the development on the following grounds:

- any parking in the laneway would restrict access to larger vehicles;

- the parking arrangement at the site is unsatisfactory in that on occasion the access would be blocked restricting access for residents of No 23 Castle Street to achieve access though the pend;

-concern relating to topography and resultant buildings restricting light to neighbouring properties;

- North Lane is a narrow country lane with a variety of outbuildings along the southern edge. The subject buildings would be best preserved to provide off street parking for the properties of Castle Street as opposed to new dwellings. - Conservation of these buildings is particularly important considering they are in within the grounds of a listed building and a conservation area;

-The residents of Norham would prefer affordable housing not holiday homes.

- Concerns about the cumulative impact of dwellings being approved in North Lane

County Highways Development Control

(Comments to be provided)

County Archaeology Department

No objections.

Natural England

No objections subject to conditions of consent.

Representation Summary

-reduction of daylight to surrounding properties;

-negative effect on outlook from adjoining properties;

-cumulative impact on development in North Lane with new dwellings and traffic increase.

Relevant Planning History

Please see attached planning history schedule.

Material Considerations

Principle and Precedent

Members are required to make a determination on a number of plots in the locality. It should be noted from the relevant planning history (above) that there is significant development pressure at these sites (along Castle Street) for the creation of new dwellings to the rear.

In general, it is the position of the Local Planning Authority that this form of development is not acceptable as it impacts on the layout of Burgage Plots in the area and incites undue pressure on North Lane by virtue of additional vehicle movements.

However it is considered that this scheme has merit for two reasons. Firstly, it results in the retention of quaint outbuildings which contribute significantly to the conservation area and setting of the listed building. It is noted that one of the two will be demolished and rebuilt, however the overall form, massing and footprint remains as it currently exists, with an increase to the height and an extension at the rear not highly visible from public vantage points. By allowing this conversion to proceed, the retention of these buildings for the future is ensured which is considered necessary given the quality of the buildings. Buildings with less conservation value would not be viewed in the same context.

Secondly, whilst 23 Castle Street may not be the only plot within the locality of greater than average width, the rear boundary is larger than average allowing sufficient access for vehicles whilst retaining significant buildings. It is noted that some other sites could achieve this access, however it is unlikely that this development would set an unwelcome precedent as there are limited sites within North Lane that accommodate outbuildings of this quality which warrant conversion to ensure their existence in the future.

It is noted that the scheme involves an increase to the building footprint, with a small contemporary extension to the southern side. The design in its own right is considered acceptable (see below). However this increase, on balance, is considered satisfactory given the afore mentioned merit of the application in relation to conservation.

Demolition

The demolition of the eastern outbuilding is proposed. This is deemed acceptable as a result of the scheme to rebuild the building on the same footprint, with similar massing and form. It is noted that the height will increase, however on balance this is deemed satisfactory given the gain in conserving the overall building presence in the lane. The development scheme retains original elements, such as the use of contrasting roof materials to each building and reinstates original openings. These elements are conditioned accordingly to ensure the successful implementation of a quality scheme.

Policy

Housing (PPS 3 and the RSS Sequential Test for Development) and Draft Core Strategy – Preferred Options

In considering the development of any new housing, the Local Planning Authority is required to make a judgement of the scheme based on policy requirements. Given this site is Brownfield, securely within the settlement envelope of Norham (a sustainable settlement), the site does not contradict the general requirements for residential development. General locality and conservation factors must also be taken into consideration.

At the present time, consultation on the Draft Strategy – Preferred Options is due to commence. As a result, the consideration of the general intent of policies is considered necessary. For Sustainable Rural Settlements such as Norham, the general intent of policies is:

Policy L7 – Change of Use of existing buildings to residential will be permitted where:

- The building is of permanent construction and of architectural or historic merit

- The applicant has demonstrated that it can not be developed for use that directly supports or generates employment

- Residential conversion will best secure the protection and enhancement of the building’s architectural and historic features

- The change of use does not involve significant extension or rebuilding, and

- The implementation of energy efficiency measures and/or on site renewable energy generation will result in the actual carbon dioxide emission rate for development being at least 10% below the target emission rate defined by Building Regulations.

The proposed development is considered to be consistent with this policy.

Members should note that principally Policy SSP 1, in conjunction with policies L3 and L5 encourage the provision of lifetime affordable homes within Norham by allocating a sustainable rural exception site at an edge of village location. This intends to ensure that the historical settlement pattern of Norham, specifically, the Burgage Plot formation is protected against incremental change. The emerging policy therefore intends to ensure that these large scale plots are not divided by new built forms, capable of residential accommodation, which would significantly alter the laneway and plot formation, as is intended by Policy SSP 4.

This document is in draft form and may experience change as a result. However, at this stage, it remains the position of the Local Planning Authority that the protection and enhancement of the Norham Conservation Area, specifically in relation to new build development is a priority.

Listed Buildings and Conservation Areas Human Heritage):

The relevant considerations are the following Local Plan Policies:

Policy F17

The Special Architectural or Historic Interest of Listed Buildings will be preserved.

Development or other works to a Listed Building will be permitted, provided that:

i) the essential architectural or historic elements of the buil