11 flats at Land Near 62 New Bedford Road, Luton

The site and its history

The undeveloped railway embankment site contains two advertising hoardings and had previously received planning permission for a development under application 21/00074/FUL.

“Background: The Site 3. The application site comprises an undeveloped parcel of land immediately south of the Thameslink Railway line. It measures approximately 0.03 hectares and serves as a part of the extended embankment for the railway line, in addition to hosting two freestanding advertising hoardings. Fig. 1: Site Location Plan…”

“Site History 4. The applicant is applying for approval for a development previously granted planning permission under application ref: 21/00074/FUL. Otherwise, the site has been subject to pre-application advice in various form since 2018. The prior proposal presented to Members was the result of continuous negotiation with officers since 2019.”

Officer report

What officers recommended

Officers recommended approval subject to conditions, affordable housing, financial contributions and resolution of the flood authority’s objection.

“It is recommended to the Committee: (i) That the reasons for approval set out in this report are agreed; (ii) That planning permission is granted, subject to the conditions set out below (‘Appendix A’) and subject to the resolution of the objection raised by the Lead Local Flood Authority and the addition of any such conditions as may be required; (iii) That planning permission is granted, subject to the satisfactory completion of the necessary mechanisms to: secure the…”

Officer report

Officers’ main assessment

Officers considered the housing, design, living conditions, transport, contributions and flood matters acceptable for a sustainable, high-quality development.

“In light of the aforementioned housing considerations, together with the scheme’s high quality design that will be discussed below, it is held that the proposal is consistent with the thrust of this strategic policy. Principle of Development 24. There is a significant requirement for both additional and affordable housing within the Borough.”

“Together with the above-described generousness of the spatial relationship that the development would share with surrounding properties, it is not considered that additional residential development would have any material bearing upon noise and disturbance within the vicinity. The view is taken that the presence of the development would actually serve as an acoustic barrier, thereby providing benefit to the south of the site. 44.”

Officer report

What consultees said

The flood authority and police objected unless further information or security measures were provided, while housing policy broadly supported the proposal.

“Consultation Responses Technical Consultation 16. The application was notified to technical consultees, details of which are included in the appendices at the end of this document. The Lead Local Flood Authority has registered an objection, requesting that the submitted flood risk information be updated to reflect the current flood mapping data, and for additional information to be included in any revised and updated reports.”

“Housing Policy have stated that: ‘LLP15 requires developments to provide a mix of different sizes, types and tenures so it is good to note that this development will provide a mix of different tenures and 81% of the units are 2B4P and above, given that this size represents the highest identified housing need in Luton (SHMA). Policy LLP16 states that on sites providing 11 or more dwellings 20% affordable housing will be required. This will equate to 2 units.”

Officer report

Public views

Thirty-nine properties were notified, site and press notices were issued, and no public representations were received.

“Sustainability Car Parking: Existing Provision: Proposed Provision: Cycle Parking: Existing Provision: Proposed Provision: Public Transport: Proximity of Train Station: 400m (approx.) Proximity of Busway: 105m (approx.) Parking Controls: Yes – Waiting restrictions Public Consultation Press Notice: Yes Site Notice: Yes Direct Consultation: Total Consulted: Support: Objection: Other: Statutory Consultation Expiry Date: December 2025”

“Statutory Public Consultation 20. The application was notified to 39 properties, a site notice posted and a press notice issued. To date, no representations have been received. Report of the Officer Provision of Housing: Mix and Quantum 21. The proposed mix of housing is acceptable and provides for the identified needs of the Borough.”

Officer report

Who spoke

The applicant’s agent spoke at the earlier meeting and was allowed to speak again at this meeting.

The vote

The officer recommendation was not seconded, an alternative refusal motion was seconded, and members voted for refusal.

“The recommendation as moved by Councillor Franks was seconded. On being put to vote, members voted in support of the motion to refuse the application. Resolved (i) That Application No. 25-01187-FUL be REFUSED on the grounds that the applicant had not provided any reasonable means of access to future occupants for deliveries and collections.”

Minutes