Dear Sir/Madam ,

Application No.  04/04256/P/S

Proposal:  Outline application for the erection of 12 no. two-bedroom flats.

Site Address:  No. 3, Nightingale Valley St Annes Terrace Bristol BS4 4DY

Following your letter about the above application, I can inform you this proposal was refused under delegated powers on 10 January 2005 for the following reasons:-

 1.        The proposal involves development of a substantial scale and bulk, comprising of 12no. flats, as suggested by the 'indicative plans submitted'. This is considered likely to produce a significantly intrusive form of development, dramatically out of character with the existing, sporadic scale and style of buildings in this 'semi - rural' and visually open valley, which is itself designated in the Bristol Local Plan as being of significant landscape character. As such, the proposal is considered to be contrary to the provisions of Policies NE1, NE2, NE11, B2 and B8 of the Bristol Local Plan (1997), Policies NE1, NE2, NE11, B2 and B8 of the Proposed Amendments (2003), and Planning Advice Note No One 'Residential Guidelines 1993.

 2.        The proposal to construct 12no. flats on a part of the existing site of Orchard House, as identified by red edge on the submitted plan, is amplified by the 'indicative plan' also submitted, which shows two, three storey blocks of 6no flats, and 4no. car parking spaces. This is considered to represent gross over development of a limited site, producing a seriously cramped and restricted form of development, which in itself will seriously harm the character of the locality. As such, the proposal is considered to be contrary to Policies B2 and B8 of the Bristol Local Plan (1997) and the 'Proposed Amendments' (2003), and Planning Advice Note No One 'Residential Guidelines'.

 3.        The proposed development of 12no. flats is shown to have access from St Anne's Terrace, which is a private road with a carriageway varying in width between 3m and 4m, and having no separate footway. This highway currently serves ten houses and a Scout Hut, as well as forming the well used route for pedestrians walking through the adjoining Nightingale Valley Open Space. The scale of the proposed development, and consequent traffic generation that will inevitably be involved, is considered likely to create conditions seriously prejudicial to highway safety by reason of: -i) The seriously restricted nature of the site, and the likely inability to provide sufficient parking facilities within the area defined as the application site (see also Reason No 2 above);ii) The restricted width, on-street parking, poor turning opportunities, and existing level of vehicular use of St Anne's Terrace;iii) The extremely limited visibility for vehicles emerging from St Anne's Terrace into Wick Road; andiv) The level of pedestrian use of St Anne's Terrace, for people using the popular route into and from the adjoining Nightingale Valley Open Space.As such, the proposal is considered to be contrary to the provisions of Policies B8 and M1 of the Bristol Local Plan (1997) and the 'Proposed Amendments' (2003).

 4.        The proposal to erect 12no. flats involves a very intensive development of a restricted site, currently occupied by a single house. The work likely to be involved with this scale of development will be substantial, as illustrated on the 'indicative plan' submitted. The site lies adjacent to a designated Site of Nature Conservation Interest, and is a naturally contiguous part of the generally open ground forming the wider 'Wildlife Network' in this area. In the absence of a basic Ecological Survey of the application site and immediately associated and owned land (as defined by the submitted plans), it is not possible to assess any likely impact of this scale of development on these matters. As such, the proposal is considered inadequate for proper consideration, and thus contrary to the provisions of Policies NE5, NE6 and NE8 of the Bristol Local Plan (1997) and the 'Proposed Amendments' (2003).

 5.        The application involves substantial development adjoining the banktop of Brislington Brook, which is a 'Main River' as defined by the Environment Agency. As such, the development could be subject of a threat by flooding, and there could be maintenance and related issues involved. In the absence of a Flood Risk Assessment, it is not possible to properly assess the proposed development in relation to these matters. As such, the proposal is considered to be inadequate for proper consideration, and thus contrary to the provisions of Policies ME9 and ME10 of the Bristol Local Plan (1997), and Policies ME9, ME9A and ME10 of the 'Proposed Amendments' (2003).

 6.        The proposed development involves the demolition of the existing property on this site, 'Orchard House'. Evidence suggests that this property itself may date from the mid 19th Century, that the building could contain elements of an earlier farm, and that there are important other archaeological features nearby. In the absence of a 'Desk Top' Study, it is not possible to properly assess the archaeological merits of this site, or consider the potential impact of the proposed development on archaeological issues. As such, the application is considered to be inadequate for proper consideration, and is thus contrary to the provisions of Policy B22 of the Bristol Local Plan (1997) and the 'Proposed Alterations' (2003).

The applicant has a right of appeal against this decision, within three months, to the Secretary of State for the Environment.  Should this happen, you will be contacted again, and asked if you wish to comment on the appeal.

If you require any further information about this application, please contact the Officer identified above, quoting the application number.

Yours sincerely

South and East Area Planning Team

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