DC/2020/02593 Erection of a detached two storey dwellinghouse on land to be served from 9 Cummins Avenue

Please find below Formby Parish Council’s Objection to  DC/2020/02593  Erection of a detached two storey dwelling house on land to be severed from 9 Cummins Avenue – 9 Cummins Avenue Formby Liverpool L37 7AL

31st January 2021

Planning Services

Sefton Metropolitan Borough Council

Magdalen House

30 Trinity Road


DC/2020/02593 | Erection of a detached two storey dwellinghouse on land to be severed from 9 Cummins Avenue | 9 Cummins Avenue Formby Liverpool L37 7AL

Formby Parish Council objects to the above proposed development for the following reasons.

Sefton New Housing Supplementary Planning Document


The proposed development fails to comply with Sefton Council’s newly adopted ‘New Housing’ Supplementary Planning Document 2018 minimum distances between dwellings designed to protect residential amenity.

Para 4.1 says “The following minimum distances are designed to protect residential amenity and living conditions and to prevent negative impacts such as overlooking, and loss of privacy/outlook. In addition to these requirements, development should also respect the density, height, layout and character of the surrounding area. In areas characterised by low density development, greater distances between dwellings may be required”.

Despite the above significantly shorter distances are being proposed.   12 meters are required between a habitable room and blank wall. This is clearly not achieved between the rear gable end of 12 Argarmeols Road and the proposed new dwelling.  Given the predominantly low density of the dwellings, characteristic of this area of Formby, greater distances should be provided in accordance with Sefton’s own SPD.  Once the new property is annexed from the existing dwelling this will leave 9 Cummins Ave with only 43 sqm of private amenity space, which would be insufficient to comply with Sefton’s New Housing SPD for a 3 bedroom property.

Map showing Medium to High Risk of Surface Water Flooding
1 Medium to High Risk of Surface Water Flooding (EA Map)









Formby Parish Council would ask to see evidence that the use of a soak-away, as proposed by the applicant is achievable given the surface water flooding that occurs in this area of Formby.  If the ground is unsuitable it should be noted that he surface water drainage system along Gregsons Ave and adjoining highways surcharges frequently during heavy rain, adding another connection will exacerbate this problem.

Formby Parish Council question whether a suitable solution to surface water drainage can be found, and would insist that an appropriate infiltration test be carried out prior to the granting of planning permission.

The Development Fails to Comply with National and Local Planning Policy

Formby and Little Altcar Neighbourhood Plan policy F1 ‘Avoiding Increased Flooding and Flood Risk’ states that “In areas at risk of flooding from any source, developments shall not lead to an increase in flooding or increased flood risk on either the application site or elsewhere within the Plan area. Where reasonably practicable, developers shall demonstrate tangible, definite and measurable reductions in flood risk and actual flooding.”  The UK Government Flood Risk Map clearly identifies this site as at high risk of surface water flooding (https://flood-warning-information.service.gov.uk/long-term-flood-risk/risk ) however the applicant has not demonstrated that development can occur without flooding to the proposed development or increasing flood risk elsewhere.  This is also contrary to Sefton Local Plan Policy EQ8.

The proposal is contrary to Sefton Local Plan Policy EQ2 Design.   Development will only be permitted where:

  • Part 1(a)  The proposal responds positively to the character, local distinctiveness and form of its surroundings.
  • Part 2. In relation to site design, layout and access:  (b) Integrates well with existing street patterns.
  • Part 3. In relation to the design of buildings and structures: (a) Proposals make a positive contribution to their surroundings through the quality of their design in terms of scale, height, form, massing, style, detailing…

The scale and form of the building is overbearing and would significantly affect the visual amenity of 12 Argarmeols Road.  The side and front elevation will dominate the view from rear gardens of the near neighbours.  The applicant’s Design and Access statement refers to the development as having  “ a clean modern appearance” and “Windows double glazed with aluminium frames and a powder coat finish”.  This is ‘poles apart’ from the traditional brick and white render facades of the neighbouring homes on Gregson’s Avenue and Argarmeols Road.

The proposed development is too big for the plot, and its appearance is jars with the surrounding character of neighbouring buildings in a very traditional part of our town.

National Planning Policy Framework Chapter  12 Achieving well-designed places  para 130 says that  “Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions, taking into account any local design standards or style guides in plans or supplementary planning documents”.

In summary and for the reasons above Formby Parish Council Object to this planning application as it is contrary to:

Nation Policy NPPF 2019 paragraph 130.

Sefton Local Plan Policies EQ 2 ‘Design’ and  EQ 8 ‘Flood Risk and Surface Water’

Formby and Little Altcar Neighbourhood Plan Policy F1 Flooding

And Sefton’s ‘New Housing’ Supplementary Planning Document 2018.

Yours faithfully

Claire Jenkins

Clerk and Responsible Financial Officer