Allestree Preservation Group Update & Planning News - February 2010

Application to extend existing Conservation Area

Members of APG committee met with senior council planning officers in November 2010 to discuss the extension of Allestree’s Conservation Area, proposed by APG following advice from planning experts, city councillors and officers.

The motivation for the extension was to try to prevent any future demolition of properties, which contribute towards the mature character of Allestree, and to prevent any inappropriate development which might also be detrimental to the local character and built environment.

APG have already commissioned and majorly contributed to (by way of extensive research into the history of the development of Allestree) the production of a Conservation Area extension assessment. The assessment had to be compiled by a qualified conservation consultant to comply with legislative procedure and has been with the council now for several months. APG were fortunate to find a consultant sympathetic to the cause and who would undertake the work at reduced fees. We were also fortunate to receive a grant from the Neighbourhood Board to help cover the initial assessment costs.

The next stage would be the receipt of formal notification by Derby City Council Planning Officers that the extension application would receive their support. This is essential prior to its submission to the Council Planning Committee who would make the decision if the application would be granted approval.

If approval was granted a full appraisal and the formulation of an ongoing management plan would need to be produced. Unfortunately the Council have indicated that whilst they support in principle, the need to protect the character of the area, they have priorities in the City for the much restricted financial and human resource required to undertake the full appraisal and management plan. This would mean the only chance of progressing the application would be the appointment of an external consultant to carry out the work and to be funded outside of council coffers. We are currently exploring this possibility through the consultant that undertook the assessment. If he receives the green light from the council he will approach the Heritage Lottery Fund, as he says they have funded similar projects.

The next stage, assuming the financial matters can be addressed would be further public consultation. This is the most important aspect of the whole proposal and it is absolutely essential that a large majority of residents support the project for it to go ahead.

The council have indicated that if the application was to proceed it would be conditional on an ‘Article Four’ attachment. In basic terms it means any alterations to any buildings within a conservation area, including replacement doors windows and any external additions or alterations, would become subject to a planning application which would not currently be necessary. These are the conditions that would have to be accepted as the protection against inappropriate development and demolition. The decision therefore, to finally pursue conservation status for the proposed extension area, namely Kings Croft, the west side of Duffield Road up to and including Park Lane and all roads enclosed including Gisborne Crescent, would be made by a majority vote of affected residents. There would be adequate information and consultation provided before asking for residents final vote.

Mature Suburbs Supplementary Design Policy (SDPs)

APG members may recall that we have been pressing our council to produce this document to guide developers on what they would deem acceptable within their local design framework within mature suburbs. This issue was also discussed in detail at our November meeting.

We were pleased to hear that the officers were encouraged by changes in planning law which would involve far greater involvement by residents within future decision making. The recent ‘Localism Bill’ which passed through parliament was the first major step in this significant change.

We were advised that the new planning policies and guidelines would be more effective in providing planners with the power to refuse planning applications which were detrimental to the local built environment and would be much more effective than SPDs.

It is relevant to say, however, that none of the legislative changes would empower planners to refuse applications on the grounds that demolition was a consequence of the application. They are only able to deny applications involving demolition for listed structures, and for buildings in a conservation area.

Appeals to the Government Planning Inspectorate

Palm Court - You will no doubt be aware the latest planning application for the former Palm Court site was refused and that the developer has appealed to the Government Inspectorate. The process appears to have hit a log jam and we have no idea why this should be. We feel most Allestree residents would like to see this site developed but would wish to see an aesthetically appealing scheme and one which does not add to the dangerous traffic issues at this junction of several increasingly busy roads. Many local people appeared to be concerned that this application fell far short in both these respects. We plan to contact the inspectorate to see if we can find the reason for the delay in the decision.

Rydal Close - For those who know this close off Portreath Drive it comprises of bungalows in the main occupied by retirees. They were mortified to learn of an application at number 14 for the erection of a dwelling in the garden between number 14 and the neighbouring bungalow. It was refused by the planning committee and well defended by the council when the applicant went to appeal. We were pleased to be able to offer help and advice to residents of Rydal Close who expressed their appreciation recently in an email notifying us the appeal had been refused.

Application Refused on Park Lane - This involved number 28 which had been acquired by Dunmar Developments who had previously undertaken a successful development known as Ashberry Court off Duffield Road a few years ago which had involved buying garden land and one property and building five homes on garden land. Ashberry Court had not raised many objections, possibly because it did not involve demolition and had no adverse effect on the street scene or character of the section of Duffield Road. 28 Park Lane is a very attractive early twentieth century house of considerable character and the application was to demolish and build 4 new homes on the site and garden which includes land gained from Allestree Park as a result of alleged boundary confusion. Land had also been bought by Dunmar Homes from the then owners of number 26. Thankfully the application was comprehensively refused by the planners following much local resistance to spoil one of Allestree’s honey pot locations. We understand no 28 is now on the market.

Kings Croft - This area of Allestree will remain contentious until final closure is brought about by development of some of the large gardens of houses on this road. We saw this with the application from the Sandstone Group who achieved permission to erect a 60 bed care home and a 55 dwellings housing estate. Thank goodness the company was unable to proceed and the permission was struck out as they did not comply with certain planning conditions.

The current development taking place at the rear of 17 and 19 Kings Croft was instigated by the devastating outcome of the Sandstone planning application. Both of these properties would have been the most detrimentally affected had the overbearing development proceeded. A leading Barrister advised the owners to seek planning permission on their own land in order to protect their immediate surroundings and hopefully set a standard of density for any other developments. Ironically the planning officer of the day tried to persuade the applicants to increase the number of dwellings from 4 to 13 to match the density of the Sandstone application. Needless to say the proposal was rejected by the owners of the properties as can be seen from the planning application ref DER/07/10/00884 which is for 4 dwellings. The street scene will be protected and one drive will serve 17 to 19, which previously had separate drives, but will also serve the 4 new dwellings as well. We are very familiar with this development as Graham Reading joined our committee, at our invitation, when we were fighting a development of 9 apartments and 5 town houses on Duffield Road at the same time as supporting the Kings Croft Action Group who ultimately joined with APG.

APG has spent an enormous amount of time, and sought considerable advice from planning and legal experts, to establish the best outcome for the long term protection of Kings Croft. John Stewart, who was at the time Senior Planning Officer for Derby, said that the land at the rear of houses on Kings Croft and Devonshire Avenue had been identified as development potential as long back as 1964 and that it was a matter of when, rather than if, the land would be developed. At the same time the Government were putting council’s under extreme pressure to grant permission for high density developments of a minimum of 39 dwellings per hectare, which matched that contained in the Sandstone application.

We are aware of a local developer having interest in Kings Croft, having acquired one house, and possibly talking to other home owners but in fairness much of this is local chatter and we have no official information in order for us to advise you on what we think may happen next. Of what we are fairly certain is that there will at some stage be a resurgence of interest in Kings Croft. These houses have very large gardens and many homeowners find them difficult to maintain and many younger buyers are rarely inclined towards horticulture. Whatever the next chapter happens to be for Kings Croft, we hope we can ensure that the attractive character it stamps on the distinctive hallmark of mature Allestree is retained.

Roxdan Developments Proposals for 456/458 Duffield Road - This was the development which was the catalyst which created APG. Local residents were angered by proposals which would have changed totally the character of Duffield Road, inflicting an overbearing and intensive development, consisting of 2 blocks of apartments and 5 town houses, on neighbouring property owners on Duffield Road and Lambourne Drive. Whilst the application was approved, following vociferous objections from APG members and local residents, it did not continue. We believe the level of objections and the threat by APG of a possible Judicial Review, and enforcement of restrictive covenants attached to deeds of all properties built on the original Gisborne Estate land, had a salutary effect on the developer’s willingness to proceed. The planning consent has now expired and 456 has been sold to a new family who are now in residence and appear to have no intentions of demolishing their house. Good news for all we would like to think, although Roxdan Developments would probably not agree.

The Red Cow – St Edmunds Close – The Brewery recently submitted a planning application (DER/11/10/01369), to develop the Red Cow into more of a restaurant than a local pub.

There have been a number of concerns raised about this proposal, although it is widely recognised that the fabric of the pub needs upgrading. Meetings have been held between the brewery and members of the Allestree local studies group, particularly with respect to the conservation aspects and the fact that the building is Grade II listed.

The application has been withdrawn for now, but it is interesting to note the report on the application by the DCC Conservation officer,

(link - http://eplanning.derby.gov.uk/acolnet/DocumentsOnline/documents/42719_1.pdf ).

Allestree Preservation Group’s Mission

We have to accept that as the world changes some of the things we value become threatened. They need protection, not to prevent change for that is inevitable, but to try and influence the change so that we can retain the treasures of the past whilst embracing the benefits of modernisation.

That is the mission APG carries forward for those who choose to live in Allestree, because, as have many mature suburbs of England, it has a distinctly and attractive character and we do not want to see it destroyed within the march of progress.

Mainly as a result of media hype, groups like ours have been labelled as NIMBYS. The title of ‘garden grabbing’ did us no favours as any press coverage we received was usually led by this headline and it produced a misconception that we are anti-development and oppose all garden developments and that is not true. Development is essential and our villages, towns and no doubt cities have expanded by virtue of some building on the land of existing dwellings. What we have fought against is inappropriate development in all its forms, whether of design, density or destruction. We will only continue, however, if we believe we have your support. We value all comments and suggestions, and very much welcome contact from Allestree Residents and interested parties. If there are concerns, queries or suggestions please contact us and we will endeavour to answer them.

Best wishes

From APG Committee Members