LAND SOUTH OF BIGNALL HILL MR NICHOLAS TRICKETT 13/00274/FUL
The Application is for full permission for the retention of a vehicle access crossing.
The site is within the Green Belt and an area of Landscape Restoration as indicated by the Local Development Framework Proposals Map.
The application has been brought to Committee at the request of two Councillors as a great deal of public anxiety exists towards this proposal, due to poor highway visibility, loss of trees, removal of pit shaft warning signs, visual impact on the entrance gateway to Bignall End.
The 8 week determination period for this application expires on 10th June 2013.
RECOMMENDATION
Refuse :- The formation of an access could result in highway danger and the applicant has failed to demonstrate that visibility splays, that are appropriate to the speed of vehicles using the highway, can be achieved. As such the proposal is contrary to the aims and objectives of the National Planning Policy Framework.
Statement as to how the Local Planning Authority has worked with the applicant in a positive and proactive manner in dealing with this application
The Local Planning Authority has corresponded with the Applicant to obtain material which would demonstrate that the required visibility essential for a safe vehicle access can be achieved, and so comply with the requirements of the National Planning Policy Framework and the adopted Development Plan.
Policies and proposals in the Development Plan relevant to this decision:
Newcastle-under-Lyme and Stoke-on-Trent Core Strategy 2006-26 (adopted 2009)
Strategic Aim 15: To protect diversity of wildlife and habitats; Strategic Aim 16: To eliminate poor quality development; Policy ASP6: Rural Area Spatial Policy; Policy CSP1: Design Quality.
Newcastle –under-Lyme Local Plan 2011
Policy S3: Development in the Green Belt; Policy N12: Development and Protection of trees; Policy N13: Felling and Pruning of trees; Policy N21: Area of Landscape Restoration.
Other Material Considerations
Relevant National Policy Guidance :
National Planning Policy Framework (March 2012) The Planning System: General Principles (January 2005)
Supplementary Planning Guidance
Newcastle-under-Lyme and Stoke-on-Trent Urban Design Guidance SPD (Nov 2010)
Waste Management and Recycling Planning Practice Guidance Note (January 2011)
Relevant Planning History
None.
Views of Consultees
Audley Parish Council object to this application due to the following reasons -
• The application is in a green belt area; • There are concerns for public safety as there are 3 mineshafts in the area and the mineshaft signs have been removed; • The stile on the public footpath has been removed; • There is concerns of danger surrounding vehicle access across the footpath; • From a health & safety point the approach from brow of the hill is very dangerous.
The Highway Authority recommends refusal as there is insufficient information to demonstrate that the access is safe. The information that is necessary relates to:
• The use of the site. • The type of vehicles using the site and the number. • The speed of vehicles using the highway and the required visibility splays taking account of the speed survey. • How the proposal affects the current public footpath which runs through the site.
The Coal Authority has no objection to this application. Records indicate that within the application site and surrounding area there are coal mining features and hazards which should be considered as part of development proposals; and that part of the application site has been subject to past coal mining activities, specifically the presence of recorded mine entries. However, the recorded mine entries are not located within the specific part of the site where the development is proposed.
Rights of Way Officer - Staffordshire County Council:
The County Council Rights of Way Section has not replied by the due date and as such it is assumed that they have no comments on the application.
Representations
Four letters of objection have been received and are summarised as follows;
• On unsighted bend and as such there is inadequate visibilty; • It is a former colliery area, the scene of a disaster, with two shafts on the site. The mine shaft warning signs have been removed, as has the footpath stile. • Woodland and habitat loss.
The representations received are available for inspection at the Guildhall and on www.newcastle-staffs.gov.uk/planning/BignallHill
Key Issues
The site is within the Green Belt in an Area of Landscape Restoration. The application is for full planning permission for the retention of a vehicular access and dropped kerb from a classified road (B5500 Bignall Hill) to an area of cleared woodland previously in agricultural/forestry use.
The proposal does not relate to the use of the site and as such would have no material impact on the wildlife within the site. As such the main issues for consideration in the determination of this application are whether the development would constitute appropriate development in the Green Belt, and if it is inappropriate if there are any very special circumstances to justify the development; highway safety and impact on the character and quality of the landscape.
Appropriate Development in the Green Belt?
The National Planning Policy Framework paragraph 87 states that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Paragraph 90 advises that forms of development including engineering operations are not inappropriate in the Green Belt provided they preserve the openness of the Green Belt and do no conflict with the purposes of including land in the Green Belt. Taking this into consideration it is considered that the development is appropriate in the Green Belt and as such there is no requirement to provide very special circumstances to justify the development.
Highway Safety
The National Planning Policy Framework paragraph 9 states that pursuing sustainable development involves seeking positive improvements in people’s quality of life, including improving the conditions in which people live work, travel and take leisure.
The Highways Authority has objected to the creation of the new access. Unless an appropriate visibility splay, taking into account the speed of vehicles on the highway, is provided together with any other works required by the Highways Authority can be achieved the access could result in a highway danger. In the absence of such information, therefore, it is considered that the application as submitted would not comply with the NPPF and as such should be refused.
Impact on the Landscape
Policy N12 of the Local Plan ‘Development and Protection of trees’ states that the Council will resist development that would involve the removal of any visually significant tree and Policy N13 indicates that the felling or unnecessary pruning of trees will not be supported by the Council. Whilst it is known that there has been trees felled within the site, that is not in connection with the formation of the access and as such it is considered that the development does not conflict with these policies.
Background Papers
Planning file Planning documents referred to
Date report prepared
15 May 2013