F Item 9(a)
DEVELOPMENT CONTROL AND REGULATORY BOARD
13TH DECEMBER 2001
REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION
APPLICATION UPON WHICH THE COUNTY PLANNING AUTHORITY IS CONSULTED BY THE DISTRICT COUNCIL
HALLAM LAND MANAGEMENT – ERECTION OF 342 DWELLINGS AND ASSOCIATED OPEN SPACE, LANDSCAPING AND SURFACE WATER BALANCING AND NEW ACCESS ROAD TO THE RIDGEMERE CENTRE, LAND TO THE NORTH AND SOUTH OF BARKBY ROAD, SYSTON (CHARNWOOD BOROUGH)
2001/2462/2 – Received by L.C.C. on 26th October 2001
Background
1. The County Planning Authority (CPA) has been consulted on this application to determine its views as strategic planning authority in the context of its previous representations on the Borough-wide Local Plan and relevant Government advice. These are set out in the appropriate sections below. At the same time, the County Council has been consulted separately on the nature of any community and infrastructure requirements that arise from the development (including roadworks and transportation issues).
2. The County Council is also consulted separately on these proposals in its capacity as County Highway Authority (CHA). A formal response will be made by the Cabinet through a combined report on planning and highway matters, when it receives the recommendation of the this Board on strategic planning issues. A summary of transportation issues is set out below in the relevant section on ‘Highway Considerations’.
3. At the Cabinet meeting on 3rd July 2001, Members considered the County Council’s response to Proposed Modifications to the Local Plan for Charnwood Borough. The implications of that response for the current application are set out in the section on Local Plan considerations below.
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Planning history
4. The application site was not included in the Consultation Draft Local Plan (February 1995), which identified a number of other ‘preferred’ options for major residential development around the Borough (e.g. Cotes new village). However, the site was re-assessed (along with all other potential development sites) in September 1995 in the Borough Council’s ‘Sustainability and Impact of Major Development Options’.
5. Consequently, the Barkby Road site was included in the Deposit Local Plan for Charnwood as one of a number of strategic ‘greenfield’ development sites in the larger settlements in the Borough. This allocation was the source of a significant number of objections to the 1998 Local Plan Inquiry, at which detailed consideration was given to all elements of the proposed development. Many of these objections have been rehearsed in response to the current application, and the original findings on these matters are reported below (Inspectors’ report).
6. The Ridgemere Centre on the east side of the application site (and included in the original Local Plan allocation) was first erected as an equestrian centre in the 1980’s. Since that time, it has been used for caravan sales, exhibition centre and (following an appeal in 1997) a storage and distribution centre. There are specific controls over the types and times of activities carried out from the premises.
Description of Proposal
7. The application site is located to the east of Syston, immediately adjoining the existing edge of the built up area on either side of Barkby Road. There is modern housing development extending along the west boundary of the site on both sides of the road, built in the mid- 1980’s (north) and 1990’s (south side). Most of the land is flat, open arable fields, apart from the nursery site at the eastern end of the Barkby Road frontage.
8. The large building of the Ridgemere Centre, with its independent access and service yard, is surrounded by the site on its eastern side. It is intended to relocate the existing access road along the eastern edge of the new development. This plot will remain in separate commercial use on the edge of the built up area.
9. The whole site amounts to some 15.2ha, of which 2.5ha are situated to the south of Barkby Road. The submitted scheme provides for the erection of 70 dwellings on the southern portion and 272 dwellings on the north side of the Road (net density of about 33.5 dwellings/ha). Both residential areas would be served by a series of estate roads linked to a new roundabout junction on Barkby Road itself. The development would provide for a mixture of small, medium and large housing types, set within a structural landscape framework and incorporating open space facilities.
10. The proposed roundabout junction is located about 800m south-east of the town centre (Barkby Road/Melton Road junction). Barkby Road continues eastwards for a further 500m to the T-junction with Queniborough Road.
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Planning Policy
National Policy Guidance
11. Planning Policy Guidance Note 1 (PPG1) deals with General Policy and Principles. It includes advice on the primacy of the development plan in the determination of planning proposals, in the context of Section 54A of the 1990 Act. The relative advantages and disadvantages of various development options should be properly considered in a comprehensive manner through the Local Plan process. It sets out the Government’s advice on prematurity and provides that development proposals should not be determined in advance of the formal local plan process, unless it would not prejudice the likely intentions of the plan.
12. Major developments should be in locations well served by public transport and be properly integrated, in terms of land use and design, with the surrounding area. There is emphasis on the provision of mixed used developments. Development proposals should make provision for trips by alternative means of transport, including foot and cycle journeys. The guidance also emphasises the value of good design, as a means of improving the quality of the environment and benefiting the public good.
13. With respect to housing development, the development plan should identify an adequate and continuous supply of land to meet future requirements, including provision for a mixture and range of housing types. Again, the emphasis is on maximising the re-use of land within urban areas, where public transport and other facilities are readily available.
14. PPG3 (Housing) has recently been revised (2000) and sets out the Government’s intention to provide for the housing needs of the whole community, including those in need of affordable or special homes, through greater choice. It is intended that existing towns and cities be the focus for new housing development. Priority should be given to the re-use of previously-developed land within these areas, in preference to greenfield sites.
15. The guidance promotes more sustainable patterns of development, accessible by alternative means of transport and linked to community facilities and services. It also emphasises the importance of good design, balanced/mixed housing areas and mixed-use developments. Housing densities which makes inefficient use of land should be avoided (i.e. less than 30 dwellings/ha), and more intensive housing development should be achieved along public transport corridors.
16. A sufficient and continuous supply of housing land should be provided to meet housing requirements, delivered through the development plan system. The latest PPG on Housing introduces a ‘sequential’ approach to the allocation of new housing land, based on an assessment of the housing capacity of existing urban areas. It identifies a number of sustainable criteria against which to assess the suitability of housing sites (e.g. location and access to jobs/services and public transport facilities).
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17. PPG 13 (Transport) was published in March 2001 and sets out the Government’s intentions to secure an integrated land use-transportation policy that reduces the growth in use of the private car and encourages alternative means of transport.
18. PPG25 (Development and Flood Risk) was published in July 2001 and sets out the Government’s latest advice on flooding issues and the development process. A small portion of the Southern Section of the application site falls within the defined flood plain of the Barkby Brook (along with much of the existing built-up area). Charnwood Borough Council have consulted the Environment Agency as required by the advice and there is no objection to the proposal on grounds of flooding.
19. Circular 1/97 contains the Government’s advice on the planning obligations and the relevance of developer contributions arising from development proposals. Developers are expected to meet the cost of infrastructure and community facilities arising from new developments, but these must be directly related to the proposal in question. They can be used to overcome a genuine shortfall in provision, if the development would otherwise be acceptable in planning policy terms, but cannot be taken to overcome proper planning objections.
Regional Planning Guidance
20. RPG8 (dated 1994) sets out the regional guidance for development in the East Midlands and applies the general principles for sustainable development in national guidance. Most new development should be directed to locations in and adjoining existing built-up areas and the fullest use should be made of vacant and underused (brown) urban land in preference to greenfield sites.
21. Draft Regional Planning Guidance to replace RPG8 was the subject of an Examination in Public in Summer 2000. The Secretary of State published his Proposed Changes in March 2001, which were the subject of consultation until June 2001. The draft Guidance sets out the overall intention to achieve sustainable forms of development, where the location of most development should be determined through a sequential approach. It provides for such an approach being adopted in development plans, based on priorities for development within/adjoining major urban centres, then other urban locations where there are opportunities for alternative choices of transport.
Strategic Policy Considerations
22. The approved Structure Plan for Leicestershire sets out the overall strategy for development in the County between 1991 - 2006. Strategy Policy 1 sets out the overall intentions for development and provides that (inter alia):
• most new development is located where a realistic choice of transport is or will be available; • a continuous supply of housing land is available to meet the needs of the County; • development is carried out at as a high a density as appropriate; and • a mix and balance of housing and compatible employment uses be provided in each locality;
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23. Strategy Policies 2 and 3 provide that major new development should be allocated within and adjoining urban areas and in locations which offer a choice of transport along specified corridors. In the Borough area, this includes sites adjoining the urban areas of Leicester, Loughborough and Shepshed, along the Leicester-Loughborough and Leicester-Melton railway lines, and the A6 Leicester -Loughborough public transport corridor.
24. Strategy Policy 5 states that major new housing and employment development should meet most or all of the requirements and/or costs for infrastructure arising from the development (e.g. public services, public transport, off site works and community facilities). Contributions will be expected from developers towards these costs.
25. Environment Policy 1 states that measures will be taken to maintain and improve the built environment, including steps to ensure a high quality of design and landscaping.
26. Transport Policy 4 states that planning permission will not be granted for development if it leads to traffic generation which will have an adverse effect on the road system or highway safety, or has unacceptable environmental consequences.
27. Transport Policy 7 makes provision for the improvement of bus services in connection with new development proposals. Major development is expected to incorporate accessibility to appropriate bus facilities. Transport Policy 9 requires provision of adequate, convenient and safe pedestrian and cycling facilities within new developments, with segregated routes linking residential areas with community facilities and the countryside.
Housing Provision
28. Housing Policy 1 provides for about 8350 new dwellings to be built in Charnwood Borough between 1991-2006, of which some 6690 dwellings were either built or committed for development as at March 2000 (including an allowance for small sites and windfall sites). The Borough Council’s Local Plan allocates land for the 1660 additional dwellings to meet the outstanding need up to 2006, in accordance with the locational requirements of Housing Policy 2 (i.e. principally within Loughborough, Shepshed, settlements adjoining the Leicester urban area and along transport choice corridors.)
29. Housing Policy 5 states that development will normally be at as high a density as is compatible with the nature of a particular site and its setting. Average densities should reflect the growing needs of households requiring smaller dwelling
30. Housing Policy 6 requires that major developments should offer a range of and mix of housing types and make provision for access housing, again including the growing need for households requiring smaller dwellings.
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Local Plan considerations
31. The Draft Local Plan for Charnwood was placed on deposit in June 1996 and was the subject of an extensive public inquiry (Spring - Summer 1998). In response to objections and in advance of the public inquiry, the Borough Council published its Proposed Changes and Proposed Further Changes to the Plan. The Inspectors’ report was received in June 2000 and the Borough Council has now published its Proposed Modifications to the Plan.
32. The application site is allocated for large scale residential development by virtue of Policies H/1(q), being one housing allocation on either side of Barkby Road. The Local Plan (as proposed to be modified) provides for 340 dwellings on 11.3ha and sets out specific criteria for the development of the site.
33. The inclusion of the site in the latest version of the Plan follows a detailed assessment of residential land availability, urban capacity in the Borough and the need for additional ‘greenfield’ housing sites (March 2000). This assessment has been carried out in the context of the latest advice in PPG3, adopting criteria for a sequential selection of sites for new housing development.
34. The modified Plan makes allocations to meet the outstanding need for 1660 dwellings up to 2006 (see para. 26 above). These include allocations for 410 dwellings on various previously developed sites in the urban area (Policy H/A); 115 dwellings on a ‘green’ inner urban site; and 730 dwellings on urban edge sites (e.g. Birstall, south of Loughborough). The residual shortfall of 405 needs to be provided on other greenfield sites.
35. Therefore, the assessment included an appraisal of the comparable sustainability and suitability of various ‘greenfield’ allocations in the Deposit Plan to meet the identified shortfall of residential land. Small allocations at Quorn, Rothley and Syston (Barkby Lane) are retained to provide some 90 additional dwellings in total, leaving the need for about 315 dwellings elsewhere in the Borough.
36. Of the remaining greenfield allocations in the Deposit Plan, it is concluded that the Syston (Barkby Road) site is the most sustainable option (in terms of accessibility), to meet this final shortfall to 2006. Former allocated sites at Barrow upon Soar and Sileby are identified as ‘reserve’ sites, to be developed only in the event of sufficient residential land coming through on the ‘preferred’ sites. Other former allocations at Anstey, Burton on the Wolds, Rearsby and Wymeswold are dropped from the modified Plan altogether.
37. The Inspectors’ report deals specifically with the Barkby Road housing allocation and the various objections to this particular proposal (including those by local residents, the County Council and several statutory bodies/interest groups). The CPA objected to the allocation of the site in the Deposit Plan, on the basis that it did not provide the appropriate level of ‘transport choice’ to meet Structure Plan objectives (i.e. over 1km from Syston railway station). It did not make clear that the development should be designed and laid out to include satisfactory bus penetration, in accordance with Transport Policy 7 of the Structure Plan.
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38. The Inspectors concluded that the proposed residential development conforms to the locational objectives of the Structure Plan and – subject to improved bus access – provides satisfactory transport choice. The Ridgemere Centre should be removed from the original residential allocation, because of its established commercial use, with related changes to the structural landscape allocation on the Plan.
39. In the light of the Inspectors’ findings and the proposed modifications to the relevant Policy H/1(q), the County Council has resolved to withdraw its previous holding objection to this housing allocation (meeting 3rd July 2001).
40. The Inspectors’ report addresses the matter of developer contributions and supports the case for reasonably related contributions towards improved community and recreational facilities, including the need for additional school places arising from the development. The cost of traffic management measures made necessary by the development should also be borne by the developer. It thereby dismisses objections to the proposal based on the inadequacy of local services and facilities in the town.
41. Policy H3 of the Local Plan makes provision for appropriate levels of affordable housing within new developments. A figure of 55 units is identified as reasonable on the current application site.
42. The Inspectors considered that Policy RT/9 (requiring a 20m wide landscape buffer to the north, south and east boundaries of the site) should be retained in the Plan. The report concludes that the application site represents the most appropriate and sustainable option for residential development in the Wreake Valley, without compromising major planning constraints in the area.
43. Therefore, Policy H/1(q) of the Local Plan - as modified in accordance with Proposed Changes and the Inspectors’ recommendations – sets out criteria for the development of the application site, namely:
• vehicular access to the site is taken from a new roundabout junction on Barkby Road; • provision is made for highway improvements to the junction of Barkby Road with Melton Road; • provision is made for traffic management measures on specified roads in the locality; • provision is made for specified pedestrian and cycle links; • substantial block planting and landscaping is carried out around the site; • the form and layout provides a high standard of amenity for existing and future residents; • provision is made for additional school places generated by the development, in consultation with the Education Authority; • reasonably related contributions be negotiated towards improved community and recreational facilities; additional allotment land; and improved transport choice generated by the development.
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Housing density
44. In the context of national and strategic policies, it is intended that new housing developments should achieve appropriate high densities of development. PPG3 now encourages higher densities to make more efficient use of land (between 30-50 dwellings/ha). The latest version of PPG3 was not published at the time of the Inspectors’ report into Draft Local Plan, but its implications have been taken into account in the Borough Council’s latest assessment of residential land availability and hence the Modified Local Plan.
45. The policy considered at the Inquiry was for 270 dwellings on 11.3ha (net), producing some 24 dwellings/ha. The modified policy provides for 340 dwellings on the same net area at a density of 30 dwellings/ha.
Review of the Development Plan
46. The Draft Replacement Structure Plan (1996-2016) was placed on deposit in May 2000 and the Examination in Public held in Summer 2001. The Panel’s report was received in September 2001 and presently is under consideration by the three strategic planning authorities. The overall strategy of the Plan (as set out in Strategy Policy 1) seeks to promote a sustainable form of development by integrating land use and transportation to reduce the need to travel or use the private car.
47. The locational policies of the Plan (Strategy Policies 2A and 2B) provide for the vast majority of new development to be concentrated within and adjoining the main urban areas. A sequential approach is set out, whereby priority is given to development in and around the urban centres, and then other urban locations well served by alternative forms of transport.
48. Other policies in the emerging (Replacement) Structure Plan provide guidance for major development proposals, including criteria for development on strategic greenfield sites (Strategy Policy 4); the relationship to the Transport System (Strategy Policy 5); mixed use developments (Strategy Policy 10); and good design (Strategy Policy 11). The Draft policy for the density of future housing development seeks to provide for a minimum of 30 dwellings/ha within a development of this type and location.
49. The Deposit Plan provides for some 10,300 new dwellings in Charnwood Borough during the Plan period, of which some 5450 are committed for development in the current Structure Plan period to 2006. It is estimated that a further 3100 dwellings can be provided through existing ‘urban capacity’, with an outstanding requirement for 1750 dwellings (52ha) on ‘greenfield’ sites in the remaining period to 2016. Of this requirement, about half the greenfield housing land is allocated to Central Leicestershire (25ha).
50. These calculations of future housing land requirements in the Replacement Plan period to 2016 assume that some 300 homes will be built within the completed Barkby Road development as a ‘commitment’ to the current Plan period (2006). In other words, without the development of the application site, the projected housing requirements for Chanwood Borough up to 2016 would depend on alternative greenfield allocations for this number of homes. DC® BOARD 13/12/01 10
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Highway Considerations
51. The Cabinet will give consideration to the proposals in its capacity as the County Highways Authority (CHA) at the time when its receives the recommendation of the Regulatory Board on strategic planning aspects.
52. The CHA lodged objection to the original residential allocation in the Deposit Local Plan, on the grounds that the local highway network could not accommodate the additional traffic from the development. However, the Inspectors conclude that, subject to a package of traffic management measures in the locality to mitigate the traffic impact, there is no overriding case to reject the proposals on highway grounds.
Assessment of Proposals
53. In locational terms, the development proposals accord with the general objectives of national, regional, and strategic planning policies. These seek to direct the majority of new development to existing built-up areas, where a choice of transport is available. Although the CPA previously expressed concerns about the accessibility of the site to alternative forms of transport, these have been addressed by modifications to the relevant local plan policy.
54. Whilst the site is not ideally located within 1km of the railway station, it can be made convenient for bus services, pedestrian and cyclists. Improved bus penetration will be necessary, as negotiable through the terms of the Local Plan policy. The Local Plan Inspectors have confirmed this position in their detailed assessment of the proposals; on balance, there is no preferable location to meet housing needs in the Wreake Valley area.
55. The development involves significant ‘greenfield’ development, rather than the preferred re-use of vacant, ‘brown’ land. Notwithstanding the introduction of the ‘sequential’ test for new housing allocations in revised PPG3 and the emerging Structure Plan, the loss of some greenfield land is unavoidable, if the strategic housing requirements for Charnwood Borough are to be fulfilled. The issue of preferred housing allocations has now been thoroughly examined through the Local Plan process, including the latest assessment of land availability and application of a sequential approach.
56. Given the advanced stage of the Draft Local Plan and the Inspectors’ findings on the Barkby Road proposals, the development is not considered to be premature. Subject to the recommended changes to the Deposit Plan – modified Policy H/(q) – the development should proceed.
57. The submitted application provides for a net density of development of over 30 dwellings/ha.. The increased density of development is to be welcomed in the context of latest Government guidance (PPG3) and existing and emerging Structure Plan policies. It also assists in securing a wider range of housing types including ‘social’ housing provision within the development.
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58. The sketch submitted with the application shows a variety of detached, semi- detached and terraced houses, although the layout may need to be addressed to achieve a better quality design. Whilst this is essentially a matter for the Borough Council, improvements to the design would help to achieve certain national and strategic policy objectives.
59. The issue of traffic on the local highway network has been extensively explored and assessed through the Local Plan inquiry. Notwithstanding the concerns of the County Highway Authority, the draft allocation has been supported by the Inspectors, subject to traffic management measures and improved bus services being negotiated with the developer. On this basis, the allocation is confirmed through the modification of the Local Plan, to which the County Council has raised no objection. The precise details of any highways and transportation facilities will be the subject of continuing negotiation between the County Council and the developer, in the context of the modified Policy H/1(q).
60. It is essential that the infrastructure and community facilities arising from this major development be secured by appropriate developer contributions. The Inspectors confirm the acceptability, and indeed requisite nature, of such contributions. Various requirements are the subject of the revised Local Plan Policy H/1(q), whilst others are identified as subject to negotiation (see para. 42 above).
61. The requirement for various County Council service facilities has been identified through separate consultation procedures on developer contributions. Some of these (such as additional education facilities, the proposed park and ride facility and off-site transportation measures) are included as essential to the development. Service departments have identified requirements for the provision of library, social service and civic amenity facilities, that will be the subject of negotiation with the applicants and should be highlighted in the response to the Borough Council.
62. In the circumstances, the Regulatory Board is advised to recommend it views on the application to the Cabinet as strategic planning authority (CPA), in accordance with the recommendation set out below. Such recommendation will deal with the principle of development. The Cabinet will be asked to consider a separate report on the scale and nature of any proposed developer contributions at a future meeting, when negotiations have progressed to the appropriate stage.
Recommendation
Cabinet be recommended to forward the following views on behalf of the County Council as strategic planning authority
Charnwood Borough Council be advised that the County Planning Authority has no strategic planning objections to the proposals, in the context of national policy guidance, approved Structure Plan policies, the Borough-wide Local Plan (as modified) and the Inspectors’ report on the local plan inquiry. The proposed development would provide for a significant proportion of strategic housing requirements in the Borough Council area up to 2006.
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The CPA’s support for the development is subject to the following requirements being secured through appropriate legal agreement, conditions and negotiation with the applicant:-
(i) provision of appropriate off-site highway improvements and traffic management measures, details of which shall be confirmed by the County Highways Authority, to support the development. Such measures should be made available in accordance with a phased programme of provision, also to be agreed between the Borough Council and the County Highways Authority.
(ii) provision of appropriate measures to secure improved transport choice facilities into and within the development, including a viable public transport service and specified pedestrian and cycleway links;
(iii) delivery of a mixed housing development, including appropriate levels of affordable and social housing provision, being secured within the development;
(iv) an overall average net density of at least 30 dwellings/ha being secured across the development site, through the approval and monitoring of subsequent detailed proposals;
(v) developer contributions being secured towards the provision of community facilities and infrastructure requirements arising from the development, including provision for additional school places generated by the development. The scale and phasing of such contributions is to be negotiated and secured by the prior completion of a legal agreement with the developer. The County Council seeks the continued opportunity to be involved in negotiations and the terms of the legal agreement.
Note to Borough Council
The submitted sketch layout for the development to the north of Barkby Road does not appear to achieve a high quality design, in the context of national guidance in PPG’s 1 and 3, or existing and emerging development plan policies.
Circulation Under Sensitive Issues Procedures
Mr. R. Jenkins C.C.
Officers to Contact
Mr. C. J. Noakes (Tel: 265 7053) Mr. J. R. Hockney (Tel: 265 7013) E-Mail: [email protected] ______
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DEVELOPMENT CONTROL AND REGULATORY BOARD
The considerations set out below apply to all preceding applications.
EQUAL OPPORTUNITIES IMPLICATIONS
Unless otherwise stated in the report there are no discernible equal opportunities implications.
IMPLICATIONS FOR DISABLED PERSONS
On all educational proposals the Director of Education and the Director of Property will be informed as follows:
Note to Applicant Department
Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970 and the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984.
You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.
BACKGROUND PAPERS
Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.
SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990
Members are reminded that Section 54A of the 1990 Act requires that:
“Where, in making any determination under the Planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.”
Any relevant provisions of the development plan (i.e. the Structure Plan or any approved Local Plans) are identified in the individual reports.
The circumstances in which the Board is required to “have regard” to the development plan are: Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices (the phrase occurs also in the new s. 172 which is substituted by the Planning and Compensation Act 1991, but not in the new provisions relating to planning contravention notices (new s. 171C) and breach of condition notices (new s. 187A); Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1): minerals discontinuance orders.
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