EHDC Part 1 Section 1 Item 12C 102 Downhouse Road2c Catherington.Pdf

PART 1

EAST HAMPSHIRE DISTRICT COUNCIL

PLANNING COMMITTEE REPORT OF THE HEAD OF PLANNING

Applications to be determined by the Council as the Local Planning Authority

4 October 2018

SECTION 1 – SCHEDULE OF APPLICATION RECOMMENDATIONS

Item No.: 01

The information, recommendations, and advice contained in this report are correct as at the date of preparation, which is more than one week in advance of the Committee meeting. Because of the time constraints some reports may have been prepared in advance of the final date given for consultee responses or neighbour comments. Any changes or necessary updates to the report will be made orally at the Committee meeting.

PROPOSAL Proposed erection of 29 affordable dwellings with associated parking, access, and landscaping (Amended and additional plans and information received 14/05/18, 24/05/18, 11/06/18, 18/06/18, 20/06/18, and 25/06/18) LOCATION: Land north of, 102 Downhouse Road, Catherington, Waterlooville REFERENCE : 25288/004 PARISH:Horndean APPLICANT: Radian Group Limited CONSULTATION EXPIRY : 16 March 2018 APPLICATION EXPIRY : 11 May 2018 COUNCILLOR: Cllr S E Schillemore SUMMARY RECOMMENDATION: PERMISSION

This application is being brought before the Planning Committee at the request of the Local Ward Member for the following reasons:  Lies outside of the Settlement Policy Boundary (SPB) of Catherington thus within a countryside location  Lies within a gap between the settlements of Catherington and Clanfield as defined within Joint Core Strategy (JCS) policy CP23  South Downs National Park boundary lies opposite the site  Lies within an area of lesser, intermediate, and increased surface water flooding susceptibility  Lies within an area known for protected species Lies just below an important, nationally recognised observatory  Sits on a road known for its high speeds. Top recorded speed of 107mph  EHDC has nearly 7.5 year housing supply where 5 is required

Site and Development

Site

The application site is located on the south-western edge of Clanfield and extends to 0.9 hectares. The site adjoins residential development to the north and south with a plant nursery to the east. There is open countryside on the opposite side of Downhouse Road, which also forms the boundary of the South Downs National Park. The site is adjacent to the settlement policy boundary of Clanfield but lies within the parish of Horndean. The site also lies within a Local Gap that extends extensively eastwards and southwards to the northern edge of Horndean, separating the settlements of Catherington, Clanfield and Horndean.

The site comprises an unmanaged field, which rises gradually from Downhouse Road with an established hedgerow bounding the site from the road. Development to the south follows a linear form, whilst development to the north gives way to a more suburban pattern of housing further to the north and east.

The site is subject to the following designations/constraints:

 Lies within the Parish of Horndean

 Lies outside of the Settlement Policy Boundary (SPBs) of Clanfield and Catherington thus within a countryside location

 Lies within a gap between the settlements of Catherington and Clanfield as defined within Joint Core Strategy (JCS) policy CP23

 South Downs National Park (SDNP) boundary lies opposite the site

 Lies within an area of lesser, intermediate, and increased surface water flooding susceptibility

 Lies within an area known for protected species Proposal

The application seeks planning permission for the development of 29 affordable dwellings.

The dwelling mix and tenure is as follows:

Unit Type Number of Units Percentage 1 bedroom 7 24% 2 bedroom 16 55% 3 bedroom 6 21% Total 29 100%

Affordable Rent

7 x 1 bedroom/2 person 10 x 2 bedroom/4 person

Shared Ownership

6 x 2 bedroom/4 person 6 x 3 bedroom/5 person

The dwellings would be semi-detached and terraced properties and would all include their own private rear amenity space.

A new T-junction access would be formed with Downhouse Road, with dwellings located on either side of a central service road. Half of the plots would face the road, in a linear formation generally following the building lines of 102 and 120 Downhouse Road. The remaining plots would be located to the rear of the site, also in linear form.

A small open play area is proposed within the western part of the site.

Parking and turning would be located within the front and side curtilages and within specific parking areas. Any areas not of hard-standing would be landscaped and this would include the retention/new planting of trees and hedgerows along the front, side, and rear boundaries of the site.

Two off-street and/or allocated parking spaces would be provided for each two and three bedroom dwelling and one parking space for each one bedroom dwelling. Fifteen visitor parking spaces would be provided.

Refuse storage would be located to the side/rear of the dwellings, with bins being deposited for collection at specific locations within the site.

The submitted Transport Assessment advises that cycle parking will be provided in the form of sheds within the rear gardens of the properties. Details of materials do not appear to have been submitted.

The scheme has been amended in the following ways during the course of the application, at the request of Officers:

 Amendment to the site layout whereby two originally proposed front terraces of dwellings have been relocated to the rear of the site to reduce the visual impact of the development from within the street scene

 Reduction in roof pitch of the dwellings to reduce the bulk and massing of the roofs and dwellings overall

 Additional site sections provided

The application is supported by the following drawings/reports:

Planning Application Form CIL forms Interim Report Ecological Appraisal and Phase 2 Surveys - Land at Downhouse Road, Catherington (Updated October 2017) by Lindsay Carrington Ecological Services Ecological Appraisal - Land at Downhouse Road, Catherington (Updated March 2017) by Lindsay Carrington Ecological Services Drainage Strategy - Land at Downhouse Road, Catherington (dated January 2018) by PFA Consulting Planning, Design, and Access Statement (dated January 2018) by Neame Sutton Interpretative Report on Desk Study and Ground Investigation (dated 14/05/14) by Geotechnical Engineering Ltd Arboricultural Implications Assessment for Land at Downhouse Road, Clanfield (dated 09/01/18) by Ecourban Ltd Transport Statement (dated January 2018) by PFA Consulting Drawing Schedules (Issue sheets 1 and 2) (received 25/06/18) Ordnance Survey Site Plan (received 18/06/18) Drawing ref’s: PL01, PL02, PL03, PL04, PL05, PL06, PL07, PL08, PL09, PL10, PL11, PL12, PL13, EL01, EL02, EL03, EL04, EL05, EL06, EL07, EL08, EL09, EL10, EL11, EL12, EL13, 1BA 01 B, 1BB 01 B, Arun 01 B, Tavy 01 B, Test 01 B, SL07 B, SL08 C, SL09 A, SL10, COL 02 A, and COL 01 A.

Relevant Planning History

25288/003 - Erection of 38 no. dwellings, vehicular and pedestrian access, car parking and secure cycle storage, landscaping and servicing – No further action taken.

25288/002 - Residential development of 26 dwellings including open market and affordable dwellings, landscaping and public open space, access, and associated engineering works – Refused (05.06.18) and on the following grounds: 1. The application site lies outside the settlement policy boundary of Clanfield and the residential development of this site would be contrary to Policy CP19 of the Joint Core Strategy, development in the countryside, which is a policy of general restraint in order to protect the countryside for its own sake. The Local Planning Authority does not consider that the proposal meets with criteria set in Policy CP10 of the Joint Core Strategy which states that it will only be permitted where it:

 meets a community need or realises local community aspirations;  reinforces a settlement's role and functions;  cannot be accommodated within the built-up area; and  has been identified in an adopted Neighbourhood Plan or has clear community support as demonstrated through a process which has been agreed by the Local Planning Authority in consultation with the Parish or Town Council

It is also contrary to policies CP1, CP2 of the Joint Core Strategy and saved policy H14 of the East Hampshire District Local Plan: Second Review.

2. No provision has been made towards integrated transportation measures, education contributions, community facilities or public open space with the proposal, contrary to Policies CP31 and CP32 of the Joint Core Strategy and the Council's 'Guide to Developers' Contributions and Other Planning Requirements'.

3. Without a Section 106 legal agreement or unilateral undertaking from the applicant agreeing to the following additional provisions (set out in full in the officers report) an objection is raised in accordance with policy CP13, CP18 and CP32 of the Joint Core Strategy and the East Hampshire Guide to Developer Contributions:

 Securing at least 40% affordable housing provision on site  Five per cent contribution towards administration and monitoring fee  Site management of landscaping and open spaces  Surface water drainage system management and maintenance  Off-site highway works

25288/001 - Residential development of 26 dwellings including open market and affordable dwellings, landscaping and public open space, access, and associated engineering works – Refused (29/01/2015) and on the following grounds:

1. The application site lies outside the settlement policy boundary of Clanfield and the residential development of this site would be contrary to Policy CP19 of the Joint Core Strategy, development in the countryside, which is a policy of general restraint in order to protect the countryside for its own sake. The Local Planning Authority does not consider that the proposal meets with criteria set in Policy CP10 of the Joint Core Strategy which states that it will only be permitted where it:  meets a community need or realises local community aspirations;  reinforces a settlement's role and functions;  cannot be accommodated within the built-up area; and  has been identified in an adopted Neighbourhood Plan or has clear community support as demonstrated through a process which has been agreed by the Local Planning Authority in consultation with the Parish or Town Council

It is also contrary to policies CP1, CP2 of the Joint Core Strategy and saved policy H14 of the East Hampshire District Local Plan: Second Review.

Appeal ref. APP/M1710/W/15/3004843 was dismissed (15/05/15) and a copy of the appeal decision is attached to this report.

Development Plan Policies and Proposals

East Hampshire District Local Plan: Joint Core Strategy (2014)

CP1 - Presumption in favour of sustainable development CP2 - Spatial Strategy CP10 - Spatial strategy for housing CP11 - Housing tenure, type and mix CP14 - Affordable housing for rural communities CP18 - Provision of open space, sport and recreation and built facilities CP19 - Development in the countryside CP20 - Landscape CP21 - Biodiversity CP23 - Gaps between settlements CP24 - Sustainable construction CP25 - Flood Risk CP26 - Water resources/ water quality CP27 - Pollution CP29 - Design CP31 - Transport CP32 - Infrastructure

East Hampshire District Local Plan: Second Review (2006)

T2 - Public Transport Provision and Improvement H14 - Other Housing Outside Settlement Policy Boundaries P7 - Contaminated Land

East Hampshire District Council Local Plan (Part 2): Housing and Employment Allocations (2016)

The East Hampshire District Local Plan (Part 2): Housing and Employment Allocations was adopted by the Council on the 7th April 2016. The site does not constitute an allocation in this plan.

East Hampshire District Council Planning Contributions and Community Infrastructure Levy - Supplementary Planning Document (SPD)

Village Design Statement - Horndean Parish Village Design Statement - non statutory planning guidance that has been the subject of public consultation and therefore is a material planning consideration.

Planning Policy Constraints and Guidance

National Planning Policy Framework (NPPF) July 2018

The NPPF (2012) was updated in July 2018 however at the heart of it is still a presumption in favour of sustainable development (paragraph 11).

Achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives):

a) an economic objective b) a social objective c) an environmental objective Paragraph 12 states that the presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision making. Where a planning application conflicts with an up-to-date development plan (including any neighbourhood plans that form part of the development plan), permission should not usually be granted. Local planning authorities may take decisions that depart from an up-to-date development plan, but only if material considerations in a particular case indicate that the plan should not be followed. In this instance the following sections of the NPPF are particularly relevant:

Section 2: Achieving sustainable development Section 5: Delivering a sufficient supply of homes Section 9: Promoting sustainable transport Section 11: Making effective use of land Section 12: Achieving well designed places Section 15: Conserving and enhancing the natural environment

National Planning Practice Guidance (NPPG)

Consultations and Town/Parish Council comments

Environment Agency – No comments made.

Natural England – No objection.

South Downs National Park Authority – No objection. The National Park boundary runs along the western edge of Downhouse Road immediately opposite the application site.

The current proposal is fairly similar to the previously refused schemes in terms of general layout and design, although the number of units has been increased to 29.

The SDNPA also understand that the previous proposals were for a mixed market and affordable housing scheme, whereas the current proposal is for a 100% affordable housing scheme. The proposal would therefore be considered as a rural exception site.

Impact on the setting of the National Park

In terms of the impact on South Downs National Park, during the 2015 appeal the Inspector concluded that "There would be an inevitable change in landscape character within the site from an open field that contributes to the open semi-rural character of the surrounding area to a built-up and suburban character". He noted that this harm would be mitigated to a degree by retained landscape features (which also appear be retained in this current application), and in particular this would help moderate the visual impact of the development when seen from the National Park to the west. The Inspector concluded that "There would be a slight harm to the setting of the National Park, although that would not on its own warrant dismissal".

Given the identified harm that would result to the setting of the National Park, the SDNPA would potentially raise concerns about the development of this site for housing. In this case, the SDNPA are mindful of the fact that the proposed development would be 100% affordable housing and would meet an identified local need (as set out in the comments of District Council Housing officer). The SDNPA has afforded this particular situation weight in making our assessment, and in light of this would not object to the principle of affordable housing in this location, subject to the development meeting the rural exception criteria of policy CP14 of the Joint Core Strategy. That being said, the SDNPA has concerns over the density of development currently proposed, and in particular the development-at-depth. This form of development would be at odds with the existing character of Downhouse Road, and would intensify and harden the built edge of the settlement up against the National Park boundary. The SDNPA would prefer to see a lower density development which better reflects the surrounding pattern of residential development, and which would have a less harmful impact on the setting of the National Park. The SDNPA would be happy to comment on any amended plans.

Without prejudice to our concerns and comments above, if the council were minded to approve the development in its current form, the SDNPA request that their comments in terms of landscaping, lighting, and ecology are taken into account.

EHDC Forward Planning – No objection. The site lies outside of the SPB for Clanfield and would not normally be permitted for residential development. However, due to the level of affordable housing proposed being 100%, it is considered sufficient to justify being considered under policy CP14 as an ‘exception’ site. The principle of this application is supported where criterion of CP14 can be satisfied. The views of the councils Housing Enabling Officer are fundamental when considering there is a proven local need.

EHDC Housing Enabling Officer – Support.

Comments dated 17/09/18

The up-to-date housing need figures for Clanfield and Horndean are as follows;

The Hampshire Home Choice figures are for households registered to the Council's waiting list for rented accommodation. These applicants have a local connection to the area through either residence, employment or close family.

The Help to Buy South figures are for households interested in intermediate housing, such as shared ownership.

Although the land falls within the parish of Horndean it is closest to the Clanfield boundary. In pre-app discussions, the applicant was advised that it would be beneficial to prioritise local people from both Horndean and Clanfield for the affordable homes. The affordable housing mix is proposed as 7 No. one bed houses, ten No. two bed houses as affordable rent and a further 6 No. two bed houses, 6 No. three bed houses as intermediate dwellings. The mix of unit type, size and tenure is acceptable and recognises the need for smaller dwellings in this location.

The tenure split is 60/40 in favour of affordable rent. As the scheme is providing 100% affordable housing, this windfall development is very much supported.

EHDC Drainage Consultant – No objection subject to conditions being attached to any approval requiring details of a foul and surface water drainage scheme to be submitted to, and approved in writing, by the Local Planning Authority (LPA) prior to development commencing, and that any hard surfaces should be of porous materials. The applicant should also provide a flood plan for future residents and maintenance plans for the SUDS drainage.

EHDC Arboricultural Officer – No objection subject to a condition being attached to any approval requiring an Arboricultural Method Statement and finalised Tree Protection Plan to be submitted to, and approved in writing, by the LPA prior to development commencing.

EHDC Environmental Health (Pollution) – No objection subject to a condition being attached to any approval requiring details of a Construction Environmental Management Plan (CEMP) being submitted to, and approved in writing, by the Local Planning Authority (LPA) prior to development commencing.

EHDC Environmental Health (Contamination) – No objection however request that an informative is attached to any approval regarding any unsuspected contamination found within the site.

EHDC Traffic Team – No objection.

HCC Highways – No objection subject to conditions being attached to any approval requiring the approved parking to be installed prior to occupation of the dwellings, the access, including the footway and/or verge crossing to be constructed and lines of sight appropriate for the speed of the road secured and that the lines of sight splays shown on the approved plans shall be kept free of any obstruction exceeding 600mm in height above the adjacent carriageway and shall be subsequently maintained so thereafter. Furthermore, no development shall start on site until the Planning Authority has approved in writing a full scheme of works for a traffic calming development within the vicinity of the site access to justify an extension of the 30mph speed limit on Downhouse Road past the site.

The applicant is also required to enter into a S106 agreement in respect of a financial Transport Contribution to be paid (£115,000). The additional vehicle trips to and from the site will cause harm by worsening local congestion. This contribution is required to provide more sustainable travel choices and to manage growing travel demands in a sustainable way. The contribution will be used to fund local access schemes including improvements to pedestrian and cycle facilities, as identified within the East Hampshire Transport Statement. The contribution will be used towards the following:

EHDC0041 – Catherington Lane, Horndean – Complete cycle route to A3 – Estimated cost: £75,000 EHDC0153 – Clanfield – Cycle storage Co-op and Green Lane shops – Estimated cost: £5,000 EHDC0217 – Horndean, Catherington & Lovedean – Catherington C E Infant School (see school travel plan written Jan 04) – Estimated cost: £15,000 EHDC0239 – Clanfield – Green Lane traffic calming – Estimated cost: £350,000

HCC Ecologist – No objection subject to a condition being attached to any approval requiring a site-wide ecological mitigation and management strategy (to include but not be restricted to: details of ecological protection measures during construction; details of timing, locations and ongoing maintenance of mitigation, compensation and enhancement measures for ecological features) to be submitted to, and agreed in writing by, the Local Planning Authority prior to development commencing.

HCC Lead Local Flood Authority– No objection.

HCC School Organisation Officer – No objection to the planning application subject to the applicant entering into a section 106 agreement to secure a contribution of £56,078 towards the expansion project at Petersgate Infant School in order to mitigate the impact of the development on educational infrastructure and ensure that sufficient school places are provided to accommodate the additional children expected to be generated by the development.

South Eastern Hampshire CCG – No comments.

Portsmouth Water – No objection subject to a condition being attached to any approval requiring a Construction Environment Management Plan (CEMP) (which should include information on the storage and handling of potential polluting materials on site and the locations of spill kits and incident response procedures) to be submitted to, and approved in writing by, the LPA prior to development commencing.

Crime Prevention Design Officer – No objection however to provide for the safety and security of residents and visitors lighting throughout the development should comply with the relevant sections of BS5489:2013. The applicant is also advised that there are also elements of natural surveillance within the site which could be improved in line with comments provided.

Horndean Parish Council – Object.

Observations: There have been two earlier applications for development of this site in 2014 and 2015. The former went to appeal and was dismissed. The second was refused by EHDC and not appealed. This application is now made specifically on the basis that it is for the provision of affordable housing on the entire site ie no market housing. The application seeks to avoid the planning policies that gave rise to the previous two refusals and to take advantage of the provisions of CP14- Affordable Housing for Rural Communities. This is the applicable policy as the site is outside the Settlement Policy Boundary and the countryside provisions contained in CP19- Development in the Countryside apply to any application.

CP14 specifically refers to a requirement that the housing need cannot be met within the settlement to which that need relates. The Design Statement and the application refer to the affordable housing need of Clanfield. This should not be the determining factor as the site is located in Horndean. That having been said, both Horndean and Clanfield have either built or are in the process of building residential development that meets the housing numbers allocated to each area. In both cases the developments contain the 40% affordable housing allocation required to be built and thus both areas are meeting and building affordable housing and meeting their obligations.

Size layout and density: Please refer to the site layout plan.

Street Scene: The street scene plan shows a proposed development that is dense in character and totally out of character with the area in which it is proposed to be allocated.

Local Planning Policies:

CP14- Affordable Housing for Rural Communities. CP19- Development in the Countryside. CP20- Landscape. CP23- Gaps between Settlements. CP29- Design.

Overall highway safety: There are safety concerns as to a development of this size and density being accessed from Downhouse Rd. Noise and disturbance from completed development: That from a development of this size, scale and density. Parking: This is provided for in the proposals. Overlooking and loss of Privacy: This is inevitable for the adjoining properties. Traffic generation: That from a development of this size. Ground contamination: The statutory consultee would have to answer this point.

RECOMMENDATION: OBJECTION for the following reasons:-

1. Non compliance with CP14- Affordable Housing for Rural Communities. The policy envisages that the affordable housing need is not being made within the applicable settlements. In this case, the site is located within Horndean. However, both Horndean and the adjoining Parish of Clanfield have seen and are experiencing significant development in their respective areas and both will achieve the provision of 40% affordable housing as part of meeting their obligations. In Horndean, there is outline permission for a 700 home development. The reserved matters application is due to be submitted this summer. In both areas, the provision of affordable housing can easily be assessed. 2. Breach of CP19- Development in the Countryside. The proposed development is outside the Settlement Policy Boundary and thus the application would be determined under this policy. The proposed development does not meet any of the requirements in the policy.

3. Breach of CP20- Landscape. The size and density of the development is totally out of character with the surrounding area which is characterised by single dwellings within large plots.

4. CP23- Gaps between Settlements. The retention of the local gap in this area is important to the area to prevent the coalescence of Catherington and Clanfield and the retention of their separate identities as specifically contemplated by the policy.

5. CP29- Design. The proposed development by virtue of its size and density is not appropriate or sympathetic to its setting in terms of its scale, height of buildings, massing and density and its relationship to surrounding buildings and landscape features.

Representations

11 representations have been received in objection to the proposed development and on the following grounds:

 Design of the dwellings and layout of the site is not in keeping with adjacent properties to the site

 The dwellings should reflect what is already along Downhouse Road rather than introduce a new ‘mini estate’

 The site provides a natural gap between Clanfield and Catherington

 There will be up to 66 vehicles at the site and the site is located just after a bend in the road and where there is a 40-mph speed limit. There will be significant traffic risk and accidents.

 Detrimental impact on local wildlife

 Clanfield does not need new homes as many have been built in the past few years

 Clanfield is losing its rural atmosphere

 Low cost housing is welcomed however this scheme is an overdevelopment of the site, back land development, out of character with the area, and the plot sizes are cramped, contrary to the spacious plots along the road

 There has been speed watch monitoring along this stretch of the road  The roads outside the site are liable to flooding

 Pressure on Doctors surgeries

 There are more houses proposed than in the last application

2 representations have been received commenting on the proposed development and on the following grounds:

 During construction, contractor vehicle should be prevented from parking on Downhouse Road due to the blind spot and also on the grass verge opposite due potential for traffic hazards

 The boundary is incorrect and the site appears to include some of the garden of an adjoining property (Officer note: the applicant has confirmed that this is not the case and has submitted a site plan clearly showing the extent of the site).

 Loss of privacy if fencing and hedging is not installed along the side and rear boundaries of the site

 It is not understood where the demand for the proposed homes has come from since there are little/no significant employment opportunities in the area

 There is a likelihood of 60+ cars being kept at the site and concerns regarding traffic and hazards given that Downhouse Road is a busy road. Traffic calming measures should be included

Determining Issues

1. Development plan and principle of development - Housing supply considerations - Locational suitability 2. Deliverability 3. Impact on the landscape and character of the area including Local Gap and setting of South Downs National Park  Local Gap  Clanfield Observatory, Hinton Heights, Clanfield  Setting of the South Downs National Park 4. Design and layout 5. Impact on neighbour amenity 6. Housing mix and standard of accommodation - Housing mix - Standard of accommodation 7. Access and highway safety 8. Drainage and flood risk 9. Ecology 10. Sustainability 11. East Hants District Council CIL 12. Social Infrastructure and developer contributions

Planning Considerations

1. Development Plan and Principle of development

As required by section 38(6) of the Planning and Compulsory Purchase Act 2004, applications must be determined in line with the adopted development plan for the area, unless material considerations apply. The development plan for EHDC comprises the 'saved' policies of the EHDC Local Plan: Second Review (2006), the policies set out in the Local Plan: Joint Core Strategy (JCS) (2014), and the Local Plan: Housing and Employment Allocations (2016). Material considerations in respect of national planning policy are the NPPF and the National Planning Policy Guidance (NPPG).

The District is able to show that it has a robust 5 year supply of deliverable housing sites using either the ‘Liverpool’ methodology or the ‘Sedgefield’ methodology, thus the housing policies of the Plan are considered to be up to date.

Policy CP1 of the JCS applies to development within the Settlement Policy Boundary (SPB), where there is a presumption in favour of development.

Policy CP2 identifies a sustainable hierarchy of SPBs and sets out five levels of sustainable settlements (rated level ‘1-5’, with ‘1’ being market towns and the most sustainable locations for new development and ‘5’ being rural villages and the least sustainable locations due to their often limited services). The site lies outside of the SPBs of Clanfield and Catherington however sits in between them. JCS policy CP2 classifies Clanfield and Catherington as ‘Level 2’ ‘Small Local Centre’ and ‘Other settlements with a settlement policy boundary’ respectively.

Since the site lies outside of an SPB, thus within a countryside location, it should therefore should be assessed against JCS policies CP10, CP19, CP14, and saved policy H14, below.

Housing Supply Considerations

The spatial strategy set within Policy CP10 of the JCS is to distribute new housing throughout the key settlements within the district outside of the SDNP in accordance with the settlement hierarchy as follows:

Alton – 700 new homes Horndean - 700 new homes Clanfield – 200 new homes Liphook – 175 new homes Four Marks/South Medstead - 175 new homes Liss and Rowlands Castle both - 150 new homes Other villages outside the South Downs National Park – 150 new homes This strategy focuses the majority of new housing in Alton, Horndean and Clanfield, which are classified as ‘market town’,’ large local service centre’ and ‘small local service centre’ respectively.

Saved policy H14 states that outside settlement policy boundaries, residential development will only be permitted where it is essential to house a full-time worker in agriculture, forestry or other enterprise who must live on the site rather than in a nearby settlement. Whilst the development does not comply with the provisions of policy H14, the application proposes a development of 100% affordable dwellings thus would be considered a rural exception site and subject to JCS policy CP14.

JCS policy CP19 states that the approach to sustainable development in the countryside, defined as the area outside settlement policy boundaries, is to operate a policy of general restraint in order to protect the countryside for its own sake. The only development allowed in the countryside will be that with a genuine and proven need for a countryside location, such as that necessary for farming, forestry, or other rural enterprises (see Policy CP6). Within the South Downs National Park the pursuit of National Park purposes will be paramount.

Whilst JCS policy CP19 restricts development in the countryside to ‘that with a genuine and proven need for a countryside location, such as that necessary for farming, forestry, or other rural enterprise, JCS policy CP14 allows residential development within the countryside (’rural exception sites’) in the following circumstances:

a) it provides affordable housing for local people who are unable to obtain accommodation on the open market;

b) there is a proven local affordable housing need;

c) the need cannot be met within the settlement to which that need relates;

d) the settlement provides a range of local services and facilities, or has accessibility to larger settlements nearby which provide a wider range of services and facilities;

e) the site is modest in scale and relates well, in terms of location and in size, to the existing settlement;

f) it provides dwellings which will be available as affordable housing for local people in perpetuity; and

g) within the South Downs National Park, there is no conflict with National Park purposes.

Policy CP14 states that in order to meet identified affordable housing needs the Local Planning Authorities may allocate sites specifically for affordable housing at those settlements with a settlement policy boundary that have a specific local need. For those settlements with a settlement policy boundary, an element of market housing (which should normally be low cost market housing, such as starter homes) may be permitted, but will make up no more than 30% of the total dwellings on the site. The intention on such sites is to maximise the percentage of affordable housing provided. For sites adjacent to other settlements, the development will be required to provide 100% affordable housing, unless exceptional circumstances can be proven.

The proposed development complies with the provisions of policy CP14. There is an identified need for the type and tenure of affordable dwellings proposed, as confirmed by the EHDC Housing Enabling Officer, and the dwellings would firstly be available to those with a local connection, in perpetuity (secured through a S106 legal agreement). The site is located between Catherington and Clanfield, both of which are local centres providing services, and there are other larger centres in close proximity for example, Waterlooville and Havant. For the reasons discussed further on in this report, the development is considered to be modest in scale and would relate well in terms of location and in size, to the existing settlements, and would not conflict with the purposes and duty of the South Downs National Park.

Locational suitability

The site lies outside of any SPB and the adopted Allocations Plan does not add the site to the allocations within the settlement.

The site has not been offered for inclusion within the Council’s Strategic Housing Land Allocations Assessment (SHLAA) 2014. It should be noted however that the SHLAA does not decide where housing should be located or decide what specific sites should be allocated. This is done through the Local Plan process. The SHLAA provides a strategic assessment of a site’s sustainability credentials. It provides a pool of sites which have the potential to be developed for housing because they are technically suitable available for development and therefore achievable in the plan period.

The site is therefore a ‘windfall’ site. The adopted allocations plans makes provision for a certain number of windfall sites coming forward over the plan period and JCS policies CP1, CP2, CP10, and CP14 permit (sustainable) residential development outside of a settlement policy boundary in the form of rural exception sites. As such, the principle of a residential development on this site is acceptable in policy terms, subject to other material considerations discussed further in this report.

2. Deliverability

There are not believed to be any grounds for concluding that the site could not be developed within a short time period if permission were granted.

3. Impact on landscape and character of the area including the Local Gap and setting of the South Downs national Park

JCS policy CP20 states that the special characteristics of the district’s natural environment will be conserved and enhanced. New development will be required to, amongst other things, protect and enhance natural and historic features which contribute to the distinctive character of the districts landscape, such as trees, woodlands, hedgerows, soils, rivers, river corridors, ditches, ponds, ancient sunken lanes, ancient tracks, rural buildings, and open areas. The land is situated between residential development to the north and south and there is open countryside to the west. A nursery lies to the east but beyond that is further open countryside, which comprises part of a Local Gap. Although the pervading form of development adjoining the site is linear, there is some sporadic development in depth with farm buildings and dwellings to the rear of the linear pattern. The application proposes development in depth, however the layout has been designed to maintain development along the road front so that it visually reflects the pattern of adjoining development. It also maintains the general grain of development as it does not extend further to the rear than gardens of adjoining land, i.e. it does not constitute perpendicular development that is at odds with the linear pattern.

The site does not include any Tree Preservation Orders (TPOs) and is not located within a conservation area. The submitted plans indicate that the majority of the curtilage would be soft landscaped and in order to secure this, a condition can be attached to any approval requiring details of proposed hard and soft landscaping to be submitted to the LPA for approval prior to commencement development.

A small play area is proposed and the installation and management of the play area and communal landscaped areas within the site can be secured through a S106 legal agreement attached to any approval.

A small number of trees/shrubs within the site would be removed as part of the proposal in order to facilitate the development and this is considered acceptable in principle since additional planting along the front, side, and rear boundaries is proposed.

The EHDC Arboricultural Officer has not raised any objection subject to a condition being attached to any approval requiring an Arboricultural Method Statement and finalised Tree Protection Plan to be submitted to, and approved in writing, by the LPA prior to development commencing.

Local Gap

Policy CP23 deals with development within gaps with the purpose of preventing the coalescence of settlements so that they retain their separate identities. The application site forms part of an extensive gap separating the settlements of Horndean, Catherington and Clanfield. The policy states development will only be permitted if it would; a) not undermine the physical and/or visual separation of settlements; b) it would not compromise the integrity of the gap, either individually or cumulatively with other existing or proposed development; and c) it cannot be located elsewhere.

The principle of the residential development of the site in terms of the Local Gap has been established as acceptable within both of the previously refused applications (refs. 25288/002 and 25288/001). Whilst these applications were refused, it was not on the grounds of the loss of the Local Gap. The appeal Inspector on the latter application agreed that the development would only cause limited harm in terms of physical and visual separation and would not compromise the integrity of the gap. Members' attention is drawn to the following comments made by the appeal Inspector in dismissing the 2015 appeal where the location of the site and impact on the local gap was assessed (the Inspector's decision letter is appended to this report):

'10.The appeal site is in Catherington which is part of Horndean Parish. The Settlement Policy Boundary in the Catherington area comprises several separate groups of buildings. Clanfield is a separate parish but there are places where built development in the 2 parishes adjoins other built development across the parish boundary. Indeed the main settlement policy boundary for Clanfield incorporates substantial areas of housing that are within Horndean parish and the shops at the functional centre of the settlement are on the parish boundary.'

'16. The District Council has not claimed any specific harm to landscape character or quality or provided any evidence to that effect. Although this was described as a key issue in the officer report, no harm to the landscape character of the countryside was identified there. The Statement of Common Ground between the District Council and the Appellant stated at 3.2 that: ‘The scheme is capable of being readily assimilated into the environment within which it is proposed without causing material harm to the prevailing character and appearance of the surrounding area.’

'19.The appeal site is an undeveloped field that is partially surrounded by a mature hedge which contains some trees. As an open field within a frontage of ribbon housing development it makes a modest contribution to the rural element of the area’s semi-rural character. The site was included in the Council’s Strategic Housing Land Availability Assessment 2013 with potential for 37 dwellings. It is described there as a gap within ribbon development along Downhouse Road. It continues ‘The impact of housing on this site would not be unduly obtrusive and if undertaken behind the existing hedgerow would be largely screened in views from the road’.

'25. The settlements of Catherington, Clanfield and Horndean already adjoin each other in parts and thus do not have completely separate physical identities. The defined Local Gaps generally serve to separate blocks of built development both within and between these settlements and prevent the coalescence of these blocks into a single urban area. When seeking areas for a large expansion the parish councils report a local preference for development on the outer eastern edge of Horndean rather than within these gaps.'

'26. The appeal site may be distinguished from other parts of the Local Gap by its relatively small size as a proportion of that area and by its location in a narrow gap between two ribbons of housing which are both parts of Catherington, albeit that the northern group abuts Clanfield. Development within the gap would join two separate groups of Catherington dwellings, one of which is already joined to Clanfield.'

27. I therefore agree with the District Council that development would cause only limited harm in terms of physical and visual separation (which would nevertheless literally conflict with Policy CP23) and that it would not compromise the integrity of the gap. Whether the development could or could not be ‘located elsewhere’ as required by CP23(c) is related to wider housing supply considerations.' As per the previous applications, this proposal would link two established settlement policy boundaries characterised by mid-twentieth century linear housing. The gap in the road frontage is 115m and is on the inside of a gentle bend in the road with a hedge fronting the road, which is to be retained/enhanced (save for a small part to be removed to facilitate a new access and appropriate sight lines) . The effect of this is to limit the extent to which the proposal would undermine the visual separation the gap provides and would not compromise the overall integrity of the gap. There would be some coalescence of development, but this is not the same as coalescence of distinct settlements with their own, distinct, identity. As discussed within the Officer report relating to the previous application, comparisons can also be made to the development of land within the gap on land to the rear of 135 Drift Road, just to the north east of the site, where the Appeal Inspector concurred with the Council's view that the circumstances of the site were such that it would not compromise the integrity of the gap. Although regard must be made to cumulative development, Officers still consider that this site is likewise contained by physical features and its development would not significantly harm the role and purpose of the gap.

The proposal is not therefore deemed to be at odds with policy CP23 and the appeal Inspector's conclusion at para. 27 of their decision letter is an important material consideration in the determination of this application.

Clanfield Observatory, Hinton heights, Clanfield

Clanfield observatory is located approximately half a mile west of the site and the South Downs National Park boundary lies opposite the site. The development will respect the ‘Dark Night Skies’ designation of the SDNP and the proximity of the observatory. No roof lights are proposed and if this application were to be approved, permitted development rights would be removed by condition, in respect of the insertion of roof lights and the installation of roof extensions. Should an application/s for these type of works be received by the Local Planning Authority, the SDNP Dark Night Skies Ranger would be consulted.

Furthermore, a condition a recommended be attached to any approval prohibiting the installation of any external lighting without planning permission being first obtained. Should any such application be received, the SDNP Dark Night Skies Ranger will also be consulted.

Members' attention is also drawn to para. 64 of the appended appeal decision letter where the appeal Inspector states that 'Planning conditions to control external lighting would reduce the risk of impacts on the nearby Clanfield Observatory.'

Setting of the South Downs National Park

The South Downs National Park boundary adjoins the site along Downhouse Road. Because the site represents a modest gap between established development on the eastern side of the road, the proposal would have a very limited impact on the setting of the Park. There would be a limited visual link between the development and the Park and development would be seen in context with adjoining development. There are also no public rights of way in the vicinity where the development would be seen from. There is a road on higher ground to the west, from where there are some glimpsed views of Clanfield, but very little can be seen of buildings on Downhouse Road. It may be possible to see the roofs of the proposed buildings, but due to the topography and distance, and the fact the development would be seen in context with surrounding buildings, it is considered that the proposal would not harm views from the National Park.

This application proposes three more dwellings than the previously refused application however the design of the development as whole has been reconsidered since that scheme. The spaciousness of the proposed layout, the proposed landscaping, and lower heights of the dwellings would not now result in a more suburbanised form of development along the boundary of the National Park or dilute the rural setting of the SDNP, in line with criteria (b) of policy CP29.

4. Design and layout

Policy CP29 of the JCS seeks to ensure that development proposals are of exemplary standard of design and architecture, with a high quality external appearance that respect an area's particular characteristics. It requires that developments are sympathetic to their setting in terms of scale, height and massing, and their relationship to adjoining buildings, spaces around buildings, and that development should make a positive contribution to the overall appearance of the area.

The site currently comprises a parcel of unmanaged meadow land adjoined by residential dwellings to both sides. The development proposed a new central access and 29 dwellings, which would be laid out in a linear form with half of the dwellings fronting Downhouse Road, following the front building lines of the properties adjoining the site, and the remainder of the dwellings would be set in a linear form to the rear of the site. Parking would be provided to the front/sides of the dwellings and within dedicated parking areas.

There is a separation distance of between 33-40m between the rears of the frontage properties and fronts of the rear properties, and the frontage properties are set back 17- 20m from Downhouse Road. The rear properties are set 11m from the rear boundary of the site and the dwellings are set in from the side boundaries by 3-5m. As such, the development would not appear cramped and would appear well spaced.

The dwellings would be of a typical, two storey, hipped/gable ended/Dutch hipped roofed designs, which is acceptable. The roof pitches have been lowered at the request of Officers in order to the reduce the bulk and massing of the roofs and dwellings overall. Three different house designs are proposed, with differing finishes and detailing, in addition to small front porches of differing designs. This is welcomed as it would provide visual interest to the development both within and outside of the site. Exact details of materials do not appear to have been submitted however a condition can be attached to any approval requiring details to be submitted to, and approved in writing, by the LPA prior to development commencing. The footprints of the dwellings are not considered to be excessively large and the spacing around the properties is such that the development does not appear cramped or as an overdevelopment of the site. The majority of the site would also be soft landscaped (private amenity areas, frontages, and communal areas).

In the interests of the visual amenities of the street scene and to ensure that there is no future overdevelopment of the site, it is considered appropriate to attach conditions to any approval removing permitted development rights in respect of extensions, roof extensions, and out buildings (Classes A, B, and E of the Town and Country Planning (General Permitted Development) (England) Order 2015).

In light of the above, it is considered that the proposed development would comply with the aims of policy CP29 and would result in a well-designed development, retaining the semi-rural character of the surrounding area.

5. Impact on neighbour amenity

Policy CP27 of the JCS requires that developments do not have an unacceptable impact on the amenity of the occupiers of neighbouring properties through loss of privacy or excessive overshadowing.

The dwellings would not appear excessively large or overbearing due to the lowered roof heights and the separation distances between the proposed dwellings and the nearest neighbouring dwellings. Plot 15, to the front of the site, would be set 7m forward of no.102 Downhouse Road and would be sited 5m from the shared site boundary. Plot 16, to the rear, would be set 21.1m from the rear of no.102 and similarly, 5m from the side boundary. Plot 1, to the front of the site, would be set 1m forward of no.120 Downhouse Road and 3m from the shared side boundary and plot 29, to the rear of the site, would be set 35m from the rear of no.120.

In order to further preserve the privacy of the occupiers of the adjoining and surrounding properties, it is considered appropriate to attach conditions to any approval restricting the insertion of further first or second floor windows and prohibiting any roof extensions without planning permission being first obtained from the LPA. It is also appropriate to attach conditions requiring details of all boundary details to be submitted to, and approved in writing, by the LPA prior to development commencing and that first floor side windows approved as part of the development are obscure glazed to a minimum height of 1.7m above internal floor level.

It is considered that the proposal would be sufficiently distanced, orientated and designed so as not to result in an unacceptable impact on the amenities of the neighbouring properties, particularly in respect of their outlook, privacy, or available light.

In light of the above, it is considered that the proposed development complies with the aims of policy CP27. 6. Housing mix and Standard of Accommodation to be Provided

Housing mix

JCS policy CP11 states that to address housing requirements and to help to create sustainable communities new residential development will be required to: a) maximise the delivery of affordable housing; b) provide a range of dwelling tenures, types and sizes to meet housing needs.

The application would provide 29 affordable dwellings and the proposed mix comprises:

Unit Type Number of Units Percentage 1 bedroom 7 24% 2 bedroom 16 55% 3 bedroom 6 21% Total 29 100%

Affordable Rent

7 x 1 bedroom/2 person 10 x 2 bedroom/4 person

Shared Ownership

6 x 2 bedroom/4 person 6 x 3 bedroom/5 person

The Council’s Housing Enabling Officer has confirmed that this provision reflects the housing need for affordable rent and shared ownership properties within Clanfield and Horndean and supports the application. They advise that the mix of unit type, size and tenure is acceptable and recognises the need for smaller dwellings in this location

The current housing need figures, for rented accommodation for applicants who have a local connection with Clanfield and Horndean (live, work or have family there), are as follows (figures taken from Hampshire Home Choice Register):

Clanfield Local Horndean Local Clanfield - Horndean - Clanfield and Connection Connection Help to Buy Help to Buy Horndean (Hampshire (Hampshire South (Shared South (Shared Housing Need Home Choice - Home Choice- Ownership) Ownership) Rented) Rented) 1 Bed 24 39 16 16 2 Bed 20 33 56 39 3 Bed 11 18 34 19 4 Bed 4 3 1 1 Total 59 93 107 75 Applicants for the dwellings with a local connection with Clanfield and Horndean (live, work or have family there) would be prioritised and this can be secured through a S106 legal agreement.

The proposal satisfies the aims of policies CP11 and CP14 of the JCS.

Standard of accommodation

The dwellings would be a mix of 1, 2, and 3 bedroom properties and the 2/3 bedroom properties would be suitable for family accommodation. The internal layout plans confirm that the development would provide a good standard of internal accommodation with adequate living, circulation, and storage space. All of the dwellings would include rear, private amenity space and a small communal play area is also proposed within the western part of the site. The installation and maintenance in perpetuity of this play area can be secure through a S106 legal agreement attached to any approval.

The separation distances between the rears of the properties to the front of the site and fronts of the properties to the rear of the site are at least 32m, well exceeding the good practice guidance separation distance of 22m.

Exact details of the boundary treatments for the curtilages have not been provided however details of these can be secured through a condition attached to any approval.

7. Access and highway safety

JCS policy 31 states that new development should be located and designed to reduce the need to travel and development that is likely to generate a significant number of additional vehicular movements will normally be expected to be located near existing centres and supportive infrastructure. Development proposals will include a range of mitigating measures and to ensure highway and pedestrian safety is not compromised as a result of the proposed development. Parking will also need to be provided inline with adopted standards. The applicant is also required to enter into a S106 agreement in respect of a financial Transport Contribution to be paid (£115,000). The additional vehicle trips to and from the site will cause harm by worsening local congestion. This contribution is required to provide more sustainable travel choices and to manage growing travel demands in a sustainable way. The contribution will be used to fund local access schemes including improvements to pedestrian and cycle facilities, as identified within the East Hampshire Transport Statement.

The contribution will be used towards the following:

In light of the above, the proposed development is considered to comply with the aims of policy CP31 and saved policy T3 of the East Hampshire District Local Plan: Second Review (2006).

8. Drainage and flood risk

JCS policy CP25 states that development, including the access, should be safe without increasing flooding elsewhere, and where possible, will reduce flood risk overall and that all development will be required to ensure that there is no net increase in surface water run off.

JCS policy CP26 states that development will be required to protect the quality and quantity of water, and make efficient use of water.

The application site is within Flood Zone 1 (low probability of flooding) but part of the site fronting Downhouse Road is within an area susceptible to surface water flooding.

The EHDC Drainage Consultant has not raised any objection to the development however requests a condition be added to any approval in respect of the submission of details relating to drainage and foul water to the LPA for approval prior to development commencing.

HCC LLFA has not raised any objection to the proposed development.

Portsmouth Water have not raised any objection to the proposed development subject to a conditions being attached to any approval securing the submission to, and approval in writing by, the LPA of a Construction Environment Management Plan (CEMP) (which should include information on the storage and handling of potential polluting materials on site and the locations of spill kits and incident response procedures) prior to development commencing.

The proposed development complies with the aims of policies CP25 and CP26.

9. Ecology

JCS policy CP21 states that Development proposals must maintain, enhance and protect the District’s biodiversity and its surrounding environment.

The site comprises an area of unmanaged grassland, bordered by mixed species hedgerows and some scrub habitat. It adjoins residential development and agricultural land.

The HCC Ecologist advises, on the basis of the submitted Ecology report, that in terms of protected species the site is considered to offer limited potential for supporting badgers (some field signs indicative of foraging activity were noted), foraging/commuting bats, nesting birds and common reptile species. They advise that detailed surveys were undertaken in 2014 for reptiles and were started for hazel dormice. The reptile survey has been updated and, again, a partial dormouse survey has been commenced. The HCC Ecologist has confirmed that they have spoken with the applicant's Ecologist previously in 2015 and that although the site is not likely to support dormice (based on small extent of habitat, poor linkages to wider landscape etc.), a strategy for enhancing the site’s boundary hedgerows would be provided as a proportionate response to the limited risk. The HCC Ecologist accepts that the on-site conditions make dormouse presence unlikely (the site is relatively isolated) and that a pragmatic approach is appropriate. The applicant proposes to carry out vegetation clearance under ecological supervision and if any indication of dormouse presence is suspected, all works will cease and necessary action taken, and habitat enhancements will ensure that native woody vegetation will be provided, such that existing habitat will be bolstered.

The HCC Ecologist advises that reptile surveys in 2017 discovered both slow-worm and common lizard. Mitigation measures proposed include a reptile habitat area alongside the proposed hedgerow planting to the west.

The HCC Ecologist has not raised any objection to the development subject to a condition being attached to any approval requiring a site-wide ecological mitigation and management strategy (to include but not be restricted to: details of ecological protection measures during construction; details of timing, locations and ongoing maintenance of mitigation, compensation and enhancement measures for ecological features) to be submitted to, and agreed in writing by, the Local Planning Authority prior to development commencing.

The proposed development is considered to comply with the aims of policy CP21.

10. Pollution/contamination

Policy CP27 states that development must not result in pollution which prejudices the health and safety of communities and their environments.

Saved policy P7 states that where development is proposed on or near a site where there is contamination, or good reason to believe that contamination may exist, a site assessment should be carried out and a report submitted of the findings to establish the nature and extent of the contamination.

The EHDC Environmental Health (Contamination) Officer has not raised an objection to the development however requests that an informative is attached to any approval regarding any unsuspected contamination found within the site.

The proposed development is considered to comply with the aims of policy CP27 and saved policy P7. 11. Sustainability

Under JCS policy CP24, new residential development would normally need to meet Code 4 of the Code for Sustainable Homes, plus an additional 10% in the way of energy consumption / efficiency savings or equivalent, however on the 27th March 2015 the Government withdrew the Code for Sustainable Homes aside from the management of legacy cases.

New residential development within East Hants is required to demonstrate that the built development permitted incorporates measures that provides at least 10% of energy demand from decentralised and renewable or low carbon energy sources.

This can be secured by way of planning condition to ensure the development meets the requirements of Policy CP24.

12. East Hants District Council CIL (EHDC CIL)

JCS policy CP32 states that where the provision or improvement of infrastructure is necessary to meet community or environmental needs associated with new development or to mitigate the impact of development on the environment, the payment of financial contributions will be required through planning obligations and/or the Community Infrastructure Levy (CIL) to ensure that all such development makes an appropriate and reasonable contribution to the costs of provision.

EHDC CIL was adopted on the 8th April 2016. This enables the Council to raise, and pool, contributions from developers to help fund additional infrastructure required to support new development including roads, schools, green spaces and community facilities. EHDC CIL replaces Section 106 agreements as the principal means by which pooled developer contributions towards providing the necessary infrastructure are collected except for contributions towards affordable housing, and Community Project Worker etc, as set out in the adopted ‘Planning Contributions and Community Infrastructure Levy’ Supplementary Planning Document, which provides further details on the Council’s CIL Charging Schedule and other developer contributions.

Whilst relief from CIL payments are applicable for affordable housing, the development is CIL liable and any exemption needs to be pursued through the correct CIL procedure.

13. Social infrastructure and developer contributions

Planning obligations, enforced through Section 106 (S106) legal agreement (Town and Country Planning Act 1990 (as amended)), assist in mitigating the impact of potentially unacceptable development to make it acceptable in planning terms however they should only be used where it is not possible to address unacceptable impacts through a planning condition. Planning obligations should also only be sought where they meet all of the following tests within Regulation 122(2) of the Community Infrastructure Levy regulations 2010:

● Necessary to make the development acceptable in planning terms; ● Directly related to the development; and ● Fairly and reasonably related in scale and kind to the development.

The proposal would result in a net gain of 29 residential dwellings, all of which would be affordable housing (affordable rent/shared ownership).

The proposed development would generate a requirement for the following financial contributions and S106 heads of terms in order to make the development acceptable in planning terms:

1. Details of the management of the play area and communal areas within the development and that these are maintained in perpetuity

2. That the dwellings be affordable rent and shared ownership in perpetuity and details regarding eligibility for the purchase/occupation of the dwellings

3. Financial contribution to be paid Hampshire County Council towards an expansion of Petersgate Infant School (£56,078) (if an exception from CIL is not claimed)

4. Financial contribution to be to Hampshire County Council towards travel mitigation measures in Clanfield, Catherington, and Horndean (£115,000) (if an exception from CIL is not claimed)

5. Financial contribution towards a Community Project Worker to serve the site (£7,250 on the basis of £250 per dwelling as per the EHDC Developer Contributions and CIL SPD)

Response to Parish/Town Council Comments

The Parish Council has objected to the proposed development on the following grounds:

 Breach of policy CP14  Breach of policy CP19.  Breach of policy CP20.  Breach of policy CP23  Breach of policy CP29

The proposed development has been thoroughly assessed against the above policies and is considered to be in accordance with the aims of those policies. The development proposes an 100% affordable housing scheme within a countryside location thus is a ‘rural exception site’ under policy CP14. The mix and tenure of the dwellings reflects the affordable housing need within the area and the standard ‘cascade’ allocation would be applied through a S106 legal agreement to ensure that those with local connections would first be offered the opportunity to rent/buy a property.

The development is also considered acceptable in terms of its overall siting, layout, and the principal of (appropriate) development within the Local Gap was accepted as part of the previously refused applications.

Conclusion

The NPPF advocates a presumption in favour of sustainable development.

The site lies within the Parish of Horndean between the Settlement Policy Boundaries for Clanfield and Catherington, thus within a countryside location, and where residential development proposing 100% affordable housing is supported in principle subject to all other material considerations.

The Council can demonstrate a five year housing land supply therefore the housing policies of the Development Plan are considered to be up to date. The site is not included in the adopted Allocations Plan and is therefore a ‘windfall’ site however the Allocations Plan makes provision for a certain number of windfall sites to come forward over the Plan period.

As a rural exception site, providing a 100% affordable housing development reflecting local affordable housing need, the proposed development is considered acceptable in principle.

The siting, design, and footprints of the dwellings and overall layout of the development are considered acceptable and as per the previous refusals, the principle of development within the Local Gap is still considered acceptable and Clanfield and Catherington will still remain distinct settlements. The development is considered would also preserve the purpose and duty of the South Downs National Park, located opposite the site.

The development would provide much needed affordable rented/shared ownership dwellings with a good standard of accommodation and amenity and would not result in a detrimental impact on the amenities of the occupiers of the adjoining and surrounding properties, ecology, foul and surface water drainage, or on highway safety considerations.

In light of the above, the development is considered to comply with the aims of the relevant Local Plan policies and the provisions of the NPPF. RECOMMENDATION: That;

A) The Solicitor to the Council be authorised to draw up a Section 106 Undertaking or Agreement, and;

B) Provided that by the 31st December 2018 all parties enter into the Section 106 Undertaking or Agreement with the District Council to secure:

1. Details of the management of the play area, communal areas, and any surface water drainage features within the development and that these are maintained in perpetuity

2. That the dwellings be affordable rent and shared ownership in perpetuity and details regarding eligibility for the purchase/occupation of the dwellings

3. Financial contribution to be paid Hampshire County Council towards an expansion of Petersgate Infant School (£56,078) (if an exception from CIL is not claimed)

4. Financial contribution to be to Hampshire County Council towards travel mitigation measures in Clanfield, Catherington, and Horndean (£115,000) (if an exception from CIL is not claimed)

5. Financial contribution towards a Community Project Worker to serve the site (£7,250 on the basis of £250 per dwelling as per the EHDC Developer Contributions and CIL SPD) in accordance with the saved policies of the Local Plan: Second Review and the Local Plan: Joint Core Strategy then the Head of Planning be authorised to grant PERMISSION subject to the conditions set out below.

If the agreement is not completed within this timescale, then the application shall be referred back to Committee for determination, unless the Head of Planning, in consultation with the Portfolio Holder for Planning, authorises further time extension(s) for the completion of the legal agreement.

1 The development hereby permitted shall be begun before the expiration of three years from the date of this planning permission. Reason - To comply with Section 91 of the Town and Country Planning Act 1990

2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order, 2015 (or any Order revoking, re-enacting or modifying that Order) no extensions and outbuildings otherwise permitted under Schedule 2, Part 1, Classes A, B, C or E of said Order shall be carried out on the dwellinghouse or within its curtilage without the prior written consent of the Local Planning Authority. Reason - It is considered that further extension/alteration of the dwellings could result in an adverse effect upon the adjacent property(ies) and the site lies in a rural area where it is considered that further development on the site may be detrimental to the character of the area and as such be contrary to the adopted policies of the Planning Authority.

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, re-enacting or modifying that Order) no roof lights, or windows or doors shall at any time be inserted in the first and second floor side elevations of the dwellings hereby permitted without the prior written consent of the Local Planning Authority. Reason - To protect the privacy of the occupants of the adjoining residential properties.

4 Notwithstanding any indication of materials that may have been given in the application or in the absence of such information, no development above slab level shall take place on site until samples and details including manufacturers details of all the materials to be used for external facing, windows, doors, and roofing for the development hereby approved have been submitted to, and approved in writing by, the Local Planning Authority. The development works shall be carried out in accordance with the approved details. Reason - To ensure that the materials used in the construction of the approved development harmonise with the surroundings.

5 Notwithstanding any indication shown on the approved plans, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re- enacting or modifying that Order) prior to the first occupation of the development hereby approved the first floor windows in the side elevations of the dwellings hereby permitted shall be permanently;

(i) glazed with obscure glass with a glass panel which has been rendered obscure as part of its manufacturing process to Pilkington glass classification 5 (or equivalent of glass supplied by an alternative manufacturer), and

(ii) non-opening below 1.7 metres from the finished floor level of the room in which the window is installed. Reason - To protect the privacy of the occupants of the adjoining residential properties.

6 No development shall commence on site until plans of the site showing details of the existing and proposed ground levels, proposed finished floor levels, levels of any paths, drives, garages and parking areas and the proposed completed height of the development and any retaining walls have been submitted to, and approved in writing by, the Local Planning Authority. The details shall clearly identify the relationship of the proposed ground levels and proposed completed height with adjacent buildings. The development thereafter shall be carried out in accordance with the approved details. Reason - To ensure that a satisfactory relationship results between the new development and adjacent buildings and public areas. It is considered necessary for this to be a pre-commencement condition as these details relate to the construction of the development and thus go to the heart of the planning permission.

7 No development shall commence on site until a scheme has been submitted to, and agreed in writing by, the Local Planning Authority to demonstrate that the built development hereby permitted incorporates measures that provides at least 10% of energy demand from decentralised and renewable or low carbon energy sources. Before any part of the development is first occupied a verification report and completion certificate shall be submitted in writing to the Local Planning Authority confirming that the built development hereby permitted has been constructed in accordance with the approved scheme. The developer shall nominate a competent person for the purpose of assessing and providing the above required report and certificate to confirm that the completed works incorporate such measures as to provide these requirements. The measures shall thereafter be retained and maintained to the agreed specification for the lifetime of the development. Reason - To ensure that the development incorporates necessary mitigation and adaptation measures with regard to climate change. It is considered necessary for this to be a pre-commencement condition as these details relate to the construction of the development and thus go to the heart of the planning permission.

8 No development shall commence on site until details of a scheme for foul and surface water drainage has been submitted to, and approved in writing by, the Local Planning Authority. Such details should include provision for all surface water drainage from parking areas and areas of hardstanding to prevent surface water from discharging onto the highway, pollution prevention and mitigation from areas such as roads and driveways prone to contaminants, and should be based on site investigation and percolation tests. The scheme for foul and surface water drainage should be supported by a drainage layout plan, construction details and detailed design.

A detailed Maintenance Management Plan will be required for all SuDS features remaining private and a Flood Plan for future residents.

The development shall be carried out in accordance with the approved details before any part of the development is first occupied and shall be permanently retained and maintained thereafter.

Reason - To ensure adequate provision for drainage. It is considered necessary for this to be a pre-commencement condition as such details need to be taken into account in the construction of the development and thus go to the heart of the planning permission.

Note: The applicant is requested to contact the Council's Drainage Consultant as soon as possible to discuss the details required for the discharge of the above condition.

9 The proposed hard surface/s shall either be made of porous materials or provision shall be made to direct run-off water from the hard surface/s to a permeable or porous surface within the site. Reason - To ensure adequate provision for surface water drainage and avoid discharge of water onto the public highway.

10 The development hereby permitted shall not be brought into use until the areas shown on the approved plan for the parking of vehicles (including those areas marked out on the plan as being unallocated) shall have been made available, surfaced and marked out. The parking spaces shown on the approved plans shall only be used for parking purposes and not for the storage of boats, caravans, and trailers. Reason - To make provision for off street parking for the purpose of highway safety.

11 No external lighting/ floodlighting shall be installed on the site until such details have been submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed, operated, and maintained in accordance with the approved details. Reason - In the interests of the amenity of the occupants of neighbouring properties, the interests of highway safety, and in the interests of ecology.

Note: When submitting details for approval, it is requested that a report from a competent Lighting Professional is provided, confirming that the external lighting installation meets the Obtrusive Light Limitations for Exterior Lighting Installations for Environmental Zone (to be specified for the circumstances) as set out in the "Guidance Notes for the Reduction of Obtrusive Light GN01:2011" issued by the Institute of Lighting Professionals.

The applicant is also advised to seek guidance on any proposed lighting with the South Downs National Park Dark Night Skies Ranger before submitting an application.

12 The development hereby approved shall not be first brought into use until a fully detailed hard and soft landscape and planting scheme for the site has been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details and in accordance with the recommendations of the appropriate British Standards or other recognised codes of good practice. Planting shall be carried out in the first planting season after practical completion or first occupation of the development, whichever is earlier, unless otherwise first agreed in writing by the Local Planning Authority. Any trees or plants which, within a period of 5 years after planting, are removed, die or become seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved unless a suitable alternative species are otherwise agreed in writing by the Local Planning Authority. Reason - In the interests of the visual amenities of the locality and to enable proper consideration to be given to the impact of the proposed development on existing trees.

13 No part of the development hereby approved shall be occupied until details for the on site provision of bin storage facilities, and cycle storage for each dwelling, have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the bin & cycle storage has been constructed in accordance with the approved details and thereafter retained and kept available. Reason - To ensure the adequate provision of on site facilities.

14 All hard and soft landscape works shall be carried out in accordance with the approved details and in accordance with the recommendations of the appropriate British Standards or other recognised codes of good practice. These works shall be carried out in the first planting season after practical completion or first occupation of the development, whichever is earlier, unless otherwise first agreed in writing by the Local Planning Authority. Any trees or plants which, within a period of 5 years after planting, are removed, die or become seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved unless a suitable alternative species are otherwise agreed in writing by the Local Planning Authority. Reason - To ensure the provision and establishment of a reasonable standard of landscape in accordance with the approved designs.

15 The development hereby approved shall not be first brought into use until a detailed boundary treatment plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include details of the positions, design, materials/species, heights of the boundary treatments to be erected/planted. The approved details shall be fully implemented before any part of the development is occupied and shall be permanently retained thereafter. Reason - To ensure an appropriate standard of visual amenity in the area and to safeguard the privacy and amenities of the residents of the locality. 16 Prior to the commencement of development activities, a site-wide ecological mitigation and management strategy (to include but not be restricted to: details of ecological protection measures during construction; details of timing, locations and ongoing maintenance of mitigation, compensation and enhancement measures for ecological features) shall be submitted to, and agreed in writing by, the Local Planning Authority. Such details shall be in accordance with the mitigation, compensation and enhancement measures detailed within the Ecological Appraisal (Lindsay Carrington Ecological Services, October 2017). Any such measures shall thereafter be implemented in strict accordance with the agreed details, unless otherwise agreed in writing by the Local Planning Authority. Reason - to provide ecological protection and enhancement in accordance with the Conservation Regulations 2017, Wildlife & Countryside Act 1981, NERC Act 2006, NPPF and Policy C21 of the East Hampshire District Local Plan: Joint Core Strategy.

17 No development shall start on site, including demolition, until details of an Arboricultural Method Statement and finalised Tree Protection Plan is submitted to, and approved in writing by, the Local Planning Authority. The works shall be carried out in accordance with the approved details. Reason - To ensure that trees, shrubs and other natural features to be retained are adequately protected from damage to health and stability. It is considered necessary for this to be a pre-commencement condition as such details need to be taken into account in the construction of the development and thus go to the heart of the planning permission.

18 No development shall take place, including any works of demolition, until a Construction Environmental Management Plan has been submitted to, and approved in writing by, the local planning authority. Thereafter all works shall be carried out in accordance with the approved Statement throughout the construction period.

The Statement shall provide for:

i) the parking of vehicles of site operatives and visitors ii) loading and unloading of plant and materials iii) storage of plant and materials used in constructing the development iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v) wheel washing facilities vi) measures to control the emission of dust and dirt during construction vii) measures to control noise and vibration during construction viii) a scheme for recycling/disposing of waste resulting from demolition and construction works. ix) adoption of a Watching Brief for potential contamination adopted during earthworks. In the event that contamination is identified it should be contained and notified to the Local Planning Authority.

x) provisions for the storage and handling of potentially polluting materials on site xx) the location of spill kits and incident response procedures Reason – In the interests of highway safety, the amenities of the occupiers of adjoining properties, the amenities of the area.

19 No development, other than works to the approved access, shall start on site until the access, including the footway and/or verge crossing have been constructed and lines of sight appropriate for the speed of the road provided. The lines of sight splays shown on the approved plans shall be kept free of any obstruction exceeding 600mm in height above the adjacent carriageway and shall be subsequently maintained so thereafter. Reason - To provide satisfactory access and in the interests of highway safety.

20 No development shall start on site until a full scheme of works for a traffic calming development within the vicinity of the site access which reduces vehicle speeds on Downhouse Road past the site. The agreed scheme shall be implemented in full prior to the first occupation of any of the dwellings hereby approved. Reason - To provide satisfactory access and in the interests of highway safety.

21 The development hereby permitted shall be carried out in accordance with the following approved plans and particulars:

Planning Application Form CIL forms Interim Report Ecological Appraisal and Phase 2 Surveys - Land at Downhouse Road, Catherington (Updated October 2017) by Lindsay Carrington Ecological Services Ecological Appraisal - Land at Downhouse Road, Catherington (Updated March 2017) by Lindsay Carrington Ecological Services Drainage Strategy - Land at Downhouse Road, Catherington (dated January 2018) by PFA Consulting Planning, Design, and Access Statement (dated January 2018) by Neame Sutton Interpretative Report on Desk Study and Ground Investigation (dated 14/05/14) by Geotechnical Engineering Ltd Arboricultural Implications Assessment for Land at Downhouse Road, Clanfield (dated 09/01/18) by Ecourban Ltd Transport Statement (dated January 2018) by PFA Consulting Drawing Schedules (Issue sheets 1 and 2) (received 25/06/18) Ordnance Survey Site Plan (received 18/06/18) PL01 PL02 PL03 PL04 PL05 PL06 PL07 PL08 PL09 PL10 PL11 PL12 PL13 EL01 EL02 EL03 EL04 EL05 EL06 EL07 EL08 EL09 EL10 EL11 EL12 EL13 1BA 01 B 1BB 01 B Arun 01 B Tavy 01 B Test 01 B SL07 B SL08 C SL09 A SL10 COL 02 A COL 01 A

Reason - To ensure provision of a satisfactory development

Informative Notes to Applicant:

1 The proposed development referred to in this planning permission is a chargeable development liable to pay Community Infrastructure Levy (CIL) under Part 11 of the Planning Act 2008 and the CIL Regulations (as amended)

In accordance with CIL Regulation 65, East Hampshire District Council will issue a Liability Notice in respect of the chargeable development referred to in this planning permission as soon as practicable after the day on which planning permission first permits development. Further details on the Council’s CIL process can be found on the East Hampshire District Council website: http://www.easthants.gov.uk/sites/default/files/documents/Planning%20C ontributions%20and%20CIL%20Supplementary%20Planning%20Docum ent%20-%20April%202016.pdf

2 All development shall be stopped immediately in the event that contamination not previously identified is found to be present on the development site and details of the contamination shall be reported immediately in writing to Environmental Health. An investigation and risk assessment should then be undertaken by competent persons and in accordance with ‘Model Procedures for the Management of Land Contamination, CLR 11’. A written report of the findings, to include a remediation statement, should then be forwarded to the Local Planning Authority for appraisal. Following completion of remedial measures a verification report should be prepared that demonstrates the effectiveness of the remediation carried out. It is recommended that no part of the development be occupied until all remedial and validation works are complete and a Completion Certificate has been issued. This would ensure that no future investigation is required under Part2A of the Environmental Protection Act 1990.

3 The developer is made aware that in order to carry out works on the public highway, the relevant licence will need to be secured from the Hampshire Highway Authority (area office).

4 In accordance with paragraphs 186 and 187 of the NPPF East Hampshire District Council (EHDC) takes a positive and proactive approach and works with applicants/agents on development proposals in a manner focused on solutions by:  offering a pre-application advice service,

 updating applicant/agents of any issues that may arise in the processing of their application and where possible suggesting solutions.

In this instance:  the applicant was updated of any issues after the initial site visit

CASE OFFICER: Ms Sabah Halli 01730 234224 ———————————————————————————————————————

SECTION 3 Item 1 Land north of, 102 Downhouse Road, Catherington

Proposed site layout SECTION 3 Item 1 Land north of, 102 Downhouse Road, Catherington

Proposed street scene

Proposed street scene back plots SECTION 3 Item 1 Land north of, 102 Downhouse Road, Catherington

Proposed site sections Appeal Decision 25288/001