PLANNING AND AFFORDABLE HOUSING STATEMENT V2
IN RESPECT OF
LAND ADJACENT TO HEMPSHILL HALL FARM, LOW WOOD ROAD, NOTTINGHAM
SUBMITTED ON BEHALF OF
LANGHAM PARK DEVELOPMENTS
Date: September 2012
Ref: 09.029
Planning and Affordable Housing Statement V2 Land Adjacent to Hempshill Hall Farm, Low Wood Road, Nottingham
Contents
1. Introduction Page 3
2. Site Description and Surrounding Area Page 4
3. Proposed Development Page 8
4. Planning Policy Background Page 10
5. The Case for the Development of the Site Page 17
6. Conclusions Page 30
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1. Introduction
1.1 This document has been produced on behalf of our clients Langham Park Developments and supports a revised planning application in relation to a proposed residential development at land adjacent to Hempshill Hall Farm, Low Wood Road, Nottingham. This follows pre-application discussions with Broxtowe Borough Local Planning Authority and other statutory non-statutory consultees and has been revised following the withdrawal of n earlier planning application for residential development.
1.2 Sections 2 and 3 of this document set out both the site and project context. Reference is made to the particular characteristics of the application site and the broad detail of the proposed scheme, which is for development of the site for a sustainable open market housing proposal.
1.3 Section 4 goes on to examine the relevant planning policy framework, including national, regional and local planning policy and guidance. In this instance the Development Plan for the area includes the RSS, the saved policies of the Broxtowe Local Plan, and Local Development Framework.
1.4 The case for the proposed development is set out fully in Section 5 of the document. This examines a number of key material planning considerations which justify the grant planning consent for residential development on the subject site.
1.5 These factors are summed up in the concluding section, number 6.
1.6 This statement should be read in conjunction with a range of other supporting documents relating to environmental and other matters relevant to the development proposal.
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2. Site Description and Surrounding Area
2.1 The site that is subject of this planning application is adjacent to the Nuthall Roundabout to the east of Junction 26 of the M1 motorway. The site comprises land located between the A6002 and A610 roads on the western edge of Nottingham City. The site extends to an area of approximately 5.87 hectares.
2.2 The site is green field land but not allocated as Green Belt land. The Broxtowe Local Plan identifies the site as a Protected Open Area and Nature Conservation Site associated with Hempshill Hall, the Hall. The Hall, farmhouse and barns are Grade II listed buildings; the Hall having origins in the 16th Century. The list descriptions are provided further below. The application site has no connectivity with any adjacent farmland or open countryside and is visually and physically related to the urban area which it adjoins.
2.3 Existing access to Hempshill Hall and Hempshill Hall Farm are via a private drive from Low Wood Road towards Hempshill Hall farm. A new vehicle access is proposed further along Low Wood Road towards Apollo Road, along with a further pedestrian access off Lovell Close and emergency and pedestrian access off Anders Drive to the east of the site.
2.4 There are a number of trees located on the site; these are considered in the accompanying Tree Report. The most dominant tree species present are sycamore, common beech, horse chestnut, lime and common ash. Minor species also present included hawthorn, common holly and cherry.
2.5 The site is bounded to the north by existing residential properties on the Hempshill Vale Estate fronting onto Lovell Close and Swigert Close. To the south the site is bounded by the A610 and Low Wood Road bounds the site to the west. To the east the site is bordered by Hempshill Barn, by existing properties fronting onto Barn Close and by the grounds of Hempshill Hall and Hempshill Hall Farm. The site therefore has clear physical and defensible boundaries.
2.6 The site is located approximately 6 kilometres from the centre of Nottingham City. A Park and Ride facility is located off Millennium Way at Pheonix Park approximately 600 metres from the site to the east. This is the proposed location for modal interchange facilities in connection with the tram (NET), albeit those proposals are at a very early stage with no firm commitment nor funding in place. The restored landscape of the former Babbington Colliery tip
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is also located to the east, identified as a 100 acre mixed use regeneration site.
2.7 The site is adjacent to and adjoins the administrative boundary of Nottingham City Council in a predominantly residential area with local schools, shops, employment provision, recreation ground, community facilities, cemetery, motel and petrol filling station all in close proximity.
2.8 Topographically, the site is generally shaped by the shallow valley of the small watercourse running from east to west. To the north of the stream the land rises through the site to the adjoining land uses. To the south and west the localised landform is interrupted by the embankments for the A610 and A6002 roads. The site landscape comprises three small fields surrounded and contained by an outer framework of mature tree belts and woodland, itself contained by roads and residential development.
2.9 Hempshill Hall, is Grade II listed, the list description for which states:
SK 54 SW NUTHALL NOTTINGHAM ROAD (north side) 5/53 Hempshill Hall 13.10.66 G.V. II
Country house. C16 and C17, altered early C19 and mid C20. Timber framing cased in brick, rendered. Plain tile and slate roof. 4 ridge, single gable and single rear wall stacks. 2 storeys plus garrets, 8 bays. Windows are mainly C19 and C20 casements. South front has to right, 2 ashlar buttresses, 2 set offs. To left, canted hipped bay window late C19. To its right, 4 margin light French windows. To right again, 2 casements. Above, 8 leaded casements. East gable has to right, lower lean-to addition, C19, and boundary wall. Off-centre C20 door flanked by single casements. Above, 2 casements, that to right C18, leaded. Double west gable has off-centre mid C20 hipped wooden porch, flanked to left by 2 and to right by single casements.
Above, 2 casements. Above again, garret casement. Irregular rear elevation has to left, projecting bay with C20 fenestration, linked to garages. To its right, hipped stair enclosure. To right again, single storey L-plan outbuildings. C19 and C20 fenestration. Above, 5 casements, 3 of them leaded. Interior has 2 bay posts, one of them jowled, and 3 stud walls, one with arch braces. Arched tie beam and 4 chamfered span beams. Single purlin principal rafter roof with struts and wind braces. C18 rear and attic winder stairs with square newels. C19 dogleg principal stair, Gothic revival style, with quatrefoils in balustrade. C19
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brass and marble fireplaces. Two panel doors, early C19.
2.10 The farmhouse is listed at grade II and is situated immediately to the north of the Hall. The two curtilages are separated by a stone wall. The list description for the farmhouse states:
SK54SW LOW WOOD ROAD 646-1/3/360 (East side (off)) 23/04/90
Hempshill Hall Farmhouse (Formerly Listed as:OFF LOW WOOD ROAD Hempshill Hall Farmhouse) GV II
Farmhouse. C17 and early C18, with early C19 alterations. Coursed sandstone rubble and brick, rendered on south and east sides. Gabled and hipped slate roofs. Single gable and side wall stacks, 2 ridge stacks. Coped south gable with kneelers. 2 storeys; 4 window range. West front has a central C20 door and overlight, flanked to right by a blocked door. Beyond, on each side, a C19 plain sash with miniature iron balcony. Small fixed light to left. Above, 3 glazing bar sashes, and to left a smaller fixed light. To left again, a single storey addition with a doorway altered to form a window, then a brick buttress and a 2-light window. North front has an off-centre plank door flanked by glazing bar casements, 2 and 3 lights. To right, another plank door with glazed porch. Above, 2 glazing bar casements.
2.11 The barns to the north of the farmhouse are separately listed as grade II the list description states:
SK54SW LOW WOOD ROAD 646-1/3/361 (East side (off)) 23/04/90 Barn and stable range to north of Hempshill Hall Farmhouse Formerly Listed as: OFF LOW WOOD ROAD Barn and stable range to north of Hempshill Hall Farmhouse) GV II
Threshing barn with attached range of stables and outbuildings. Mid C18 and early C19. Brick and coursed rubble,with slate and pantile roofs. Threshing barn, brick, 4 bays, has coped gables and kneelers. West front has an off-centre threshing door, now boarded, flanked by 2 diamond breathers to right, and 4 to left. The upper left breather is partly obscured by an inserted hayloft door with plank door. Below it, a small window. To north, a later single storey outbuilding with blank wall and pantile roof with plain tile verge. 3 windows in
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north gable. To south, a stable range, coursed rubble with brick diamond breathers. 2 storeys. West front has an off-centre stable door flanked by single breathers, then by small window openings. To left, a broad plank door, then a breather. To right, another small window opening. Above, 2 breathers, flanked to left by a hayloft opening with plank door, and to right by a small opening. To east, the stable range has 5 stable doors, that to left under an external stone staircase leading to a plank door. To right, 3 glazing bar casements, 2 lights, then a breather. Barn has an off-centre threshing door flanked by 4 breathers.
Attached to the north east, a single storey stable and cartshed, with a pair of central cart openings flanked by single windows, with single doorways beyond.
2.12 The list description indicates that of the farmyard it is only those buildings attached to the threshing barn that are listed, however the range to the eastern side of the yard will also be listed by virtue of section 1(5)(b) of Planning (Listed Building and Conservation Areas) Act 1990.
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3. Proposed Development
3.1 The site subject to the planning application is approximately 5.87 hectares in size. The site is located within Broxtowe Borough Council’s administrative boundary although it is close to the administrative boundary of Nottingham City.
3.2 The proposals include a mix of three and four bed, terraced, semi- detached and detached family residential properties provided in a landscaped setting. There are a total of 125 units of open market housing on site with off site affordable housing to be included as part of the Section 106 contributions.
3.3 There are houses proposed along the western, southern and eastern parts of the site set out in landscaped courtyards and cul-de-sac providing a continuous and legible well-laid out design response to the site characteristics.
3.4 A route for the NET is shown to be reserved through the site in the event this is brought forwards in due course.
3.5 There is extensive landscaping to the boundaries, where the most important trees are retained as part of the proposals. There are a number of areas of usable public open space throughout the development, together with a network of proposed pathways.
3.6 All existing public footpaths are proposed for retention. Importantly, the use and permeability is being significantly improved (including the re-routing of footpaths where they are not overlooked) which will provide benefits not only to future occupiers of the site but also the wider, existing community.
3.7 In terms of parking, for the housing units predominantly on-plot parking is provided, configured in driveways, garages and small areas of courtyard parking. Internal roads, footpaths and driveways service the development and conform to ‘Residential Car Parking Research for Nottinghamshire- Highway Development Control Guidance’.
3.8 The site layout takes full advantage of the natural attributes whilst simultaneously, providing a quality urban design that complements the surrounding, predominantly residential area. Thus the site layout is underpinned by a thorough constraints and opportunities analysis.
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3.9 The development of the application site will complete a process of urbanisation that has defined the setting of the listed buildings and wider area, since Cinderhill Colliery was opened in the 1840’s.
3.10 The proposals have been subject to pre-application discussions with the local community, Parish, Ward and District Councillors as well as the Local Planning Authority; representatives from NET and statutory and non-statutory consultees. The design has been amended in accordance with these discussions. A commentary on these discussions and the design philosophy for the site is provided within the accompanying Design and Access Statement which should be read in conjunction with the application submission.
3.11 The key changes to the proposals arising from the withdrawal of the earlier planning application are as follows;
. Reduction in number of houses from 139 to 125. . A reserved route for the NET. . Reduction in development area in southeast corner of the site to retain grasses and avoid any development in the 1:1000 year floodplain. . Preserve Key ecological features in particular around the pond. . Repositioning of footpaths. . Additional survey and assessment work undertaken in relation to ecology, transport, archaeology.
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4. Planning Policy Background
4.1 This section of the document provides an overview of relevant national planning policy before considering the provisions of the Development Plan.
(i) National Planning Policy and Guidance
4.2 The National Planning Policy Framework was published in March 2012 and replaces all of the planning policy guidance notes and planning policy statements that were previously in force.
4.3 At the heart of the NPPF is a need to achieve sustainable development. Paragraph 7 makes clear that there are three dimensions to sustainable development; an economic role contributing to building a strong, responsive and competitive economy by ensuring that sufficient land of the right type is available in the right places and at the right time; a social role supporting strong, vibrant and healthy communities by providing the supply of housing required to meet the needs of present and future generations; and an environmental role contributing to protecting and enhancing our natural, built and historic environment.
4.4 Paragraph 14 goes further, stating that a golden thread running through both plan making and decision taking is a presumption in favour of sustainable development. For decision taking this means:
. Approving development proposals that accord with the Development Plan without delay; and . Where the Development Plan is absent, silent or relevant policies are out of date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF or specific policies in the NPPF indicate that development that should be restricted.
4.5 Paragraph 17 sets out core planning principles which underpin both plan making and decision taking. These include, inter alia:
. Planning not simply being about scrutiny, but instead be a creative exercise in finding ways to enhance and improve the places in which people live their lives;
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. Proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs, and in so doing every effort should be made objectively to identify and then meet the housing, business and other development needs of an area, and respond positively to wider opportunities for growth; . Always seek to secure high quality design and a good standard of amenity for all existing and future occupants; . Contribute to conserving and enhancing the natural environment and reducing pollution; . Promote mixed use developments and encourage multiple benefits from the use of land in urban and rural areas; . Actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable.
4.6 In seeking to build a strong, competitive economy, Paragraph 19 states that the Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth, and the planning system should operate to encourage and not act as an impediment to sustainable growth. Consequently significant weight should be placed on the needs to support economic growth through the planning system.
4.7 Indeed, investment in business should not be over-burdened by the combined requirements of planning policy expectations (Paragraph 21).
4.8 Turning to consider housing, Paragraph 47 requires the supply of housing to be significantly boosted. This includes providing sufficient sites for five years’ worth of housing against a Councils housing requirements, with an additional buffer of 20% to provide a realistic prospect of achieving the planned supply and to ensure choice and competition in the market for land where there has been a record of persistent under-delivery.
4.9 Paragraph 49 states:
“Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply housing should not be considered up to date if the local planning authority cannot demonstrate a five year supply of deliverable
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housing sites”.
4.10 In relation to design, the Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people (Paragraph 56).
4.11 In accordance with Paragraph 73, access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and wellbeing of communities.
4.12 In seeking to conserve and enhance the natural environment, Paragraph 109 states that the planning system should contribute to and enhance the natural and local environment, by inter alia, minimising impacts on biodiversity and providing net gains in biodiversity where possible.
4.13 In terms of decision taking, Paragraph 186 states that Local Planning Authorities should approach decision taking in a positive way to foster the delivery of sustainable development, whilst Paragraph 187 makes clear that Local Planning Authorities should look for solutions rather than problems, and decision takers at every level should seek to approve applications for sustainable development where possible.
4.14 Finally, in relation to implementation Annexe 1 sets out at Paragraph 208 that the policies in the NPPF apply from the day of publication. Paragraph 214 states that for twelve months from the day of publication decision takers may continue to give full weight to relevant policies adopted since 2004, even if there is a limited degree of conflict with the NPPF. Paragraph 215 states that in other cases and following this twelve month period, due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF (the closer the policies in the plan to the policies in the NPPF, the greater weight that may be given).
4.15 Paragraph 216 goes on to state that from the day of publication decision takers may also give weight to relevant policies in emerging plans according to the stage of preparation of the emerging plan – the more advanced the preparation, the greater the weight that may be given.
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(ii) Development Plan
4.16 The Development Plan for the area consists of the Regional Spatial Strategy for the East Midlands, Leicestershire, Leicester and Rutland Structure Plan and the adopted Broxtowe Local Plan. The Local Plan will be replaced by a joint Local Development Framework with other South Nottingham Authorities. This is at the very early stages of review, however a number of background documents have been produced those of relevance will be considered further below.
Regional Spatial Strategy for the East Midlands
4.17 The RSS for the East Midlands was adopted in March 2009. Policy 3 of the Plan considers the Distribution of Development and economic activity stating that the majority should be distributed primarily in and adjoining the Region’s five Principal Urban Areas (PUAs) including Nottingham.
4.18 The five PUAs have been identified as settlement conurbations that can develop into sustainable urban communities where people will wish to live, work and invest. They have the potential for:
. A variety and choice of high quality, healthy, affordable and sustainable living and working environments; . A sufficient number and variety of jobs to meet employment needs, along with associated education and training opportunities; . Modern urban transport networks and modal interchanges with an emphasis on public transport provision; . Vibrant central areas and local centres to serve communities with high quality services, to promote identity and social cohesion and to drive economic growth; and . Improved infrastructure capacity, including healthcare, recreational, cultural and other facilities and green infrastructure
4.19 Policy 12 of the RSS considers development in the Three-Cities Sub-Area. This states that outside Derby, Leicester and Nottingham, employment and housing development should be located within and adjoining settlements. Such development should be in scale with the size of those settlements, in locations that respect environmental constraints, in particular the River Mease Special Area of Conservation, and the Derwent Valley Mills World Heritage Site, and the surrounding countryside and where there are good public transport linkages.
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4.20 Paragraph 2.4.40 identifies a number of large and medium sized settlements in the Sub-area. Some like the Sub-Regional Centres are relatively free standing; others such as Eastwood/Kimberley and Long Eaton are strongly related to Nottingham and/or Derby.
4.21 Policy 13a provides a table setting out Regional Housing Provision. The total housing provision for Broxtowe between 2006-2026 is 6,800 dwellings with an annual requirement of 340 dwellings.
4.22 Policy Three Cities SRS3 identifies Broxtowe as requiring 340 dpa, of which at least 180 should be within or adjoining the Nottingham PUA, including sustainable urban extensions as necessary. Development in the remainder of the District will be located mainly at Kimberley and Eastwood, including sustainable urban extensions as necessary.
Broxtowe Local Plan
4.23 The Broxtowe Local Plan was adopted in September 2004 and provides policy to 2011. The plan is therefore, time expired and the extent to which weight should be afforded diminishes.
4.24 Table 4.2 of the Local Plan sets out Housing Provision between 1991-2011 based on the Structure Plan requirement of 5,500 houses. This table considers dwellings already completed, planning permissions not completed, windfalls, conversions and changes of use and provides a figure of 1972 houses that need to be allocated.
4.25 Policy H1 sets out a number of housing allocations a number of these are green field sites adjacent to the urban area.
4.26 Policy E12 states that development will not be permitted which would detract from the character or function of the protected open areas shown on the Proposals Map.
4.27 Policy E16 states that planning permission will not be granted for development on or adjoining local nature reserves or sites of importance for nature conservation, which would damage or devalue their interest, unless there are special reasons which outweigh the recognised value of sites. Where it is accepted that there are special reasons for development to outweigh the
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local value of the site, the applicant shall minimise harm to the site’s features. Compensation for the loss of the site’s features will be required, secured by planning conditions or negotiated planning obligations. Wherever opportunities arise, appropriate measures should be taken to enable the improvement or creation of sites of importance for nature conservation.
4.28 Policy E28 states that planning permission will not be granted for development within the high flood risk areas shown on the proposals map and within other parts of the catchments of the rivers Trent and Erewash which would increase the risk of flooding.
Local Development Framework
4.29 The Broxtowe LDF will include a Joint Core Strategy being produced along with other South Nottingham Authorities. An Issues and Options Paper was published in 2009, an Option for Consultation was published in 2010 and the next stage is the Publication Draft document was consulted upon in June and July 2012.
4.30 In terms of the spatial strategy set out at Policy 2, most development will be located in or adjoining the built up area of Nottingham. Indeed the settlement hierarchy starts with exploring development opportunities at the main built up area of Nottingham, and includes Nuthall as a key settlement identified for growth.
4.31 For Broxtowe Borough, the housing requirement is 6,150 dwellings. Of these, Broxtowe must deliver 3,600 houses adjoin the built up area of Nottingham.
4.32 The overall annual requirement is 340 dwellings in Broxtowe Borough.
4.33 Thus, the Local Development Framework sets out challenging strategic development requirements to such an extent that Green Belt land, regarded as being designated for protection for its own sake, is being contemplated for development. It is clear that if the strategic development requirements are to be accommodated then a balance needs to be struck with regard to environmental matters, particularly given that Green Belt release should be regarded as a last resort for strategic release.
4.34 In order to inform the emerging LDF the Council have produced an Annual Monitoring Report. This identifies that the Council are unable to demonstrate a
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5 year supply of deliverable housing sites.
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5. The Case for the Development of the Site
5.1 This section of the report sets out the case for development of the site. It is considered that the key issues raised in relation to the principle of development are as follows:
1. Locational Aspects. 2. Housing supply. 3. Whether the Grant of Planning Permission would result in adverse impacts that would significantly and demonstrably outweigh the benefits. 4. Section 106 requirements.
1) Locational Aspects
5.2 The site is located adjacent to the Principal Urban Area as defined within RSS where the majority of new housing should be directed. This is highly material since the RSS makes clear that housing in these locations offer the greatest sustainability advantages. Such locations should therefore be maximised. The site is not defined as Green Belt and is adjacent to the built up area. Given that Green Belt release is envisaged in emerging LDF documents, and this should be regarded as a last resort, sequentially the application site performs well and its development will assist in reducing the quantum of Green Belt to be lost. At the pre-application stage it was confirmed that there is a housing requirement for the Nuthall area “and this site could potentially contribute to that”.
5.3 Existing housing is located to the north of the site and employment land at Pheonix Park and public transport provision is located to the east and west at Low Moor Road.
5.4 There are a significant number of facilities and services including local schools, shops, employment provision, recreation ground, community facilities, cemetery, motel and petrol filling station all in close proximity to the site. These are within walking and cycling distance of the site. It is clear therefore that the site offers a sustainable location for additional development to assist in meeting Broxtowe’s demanding housing numbers.
2) Housing Supply
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5.5 It is important to recognise that the basis by which housing supply is calculated is not clear.
5.6 Firstly, the base line position is the subject of debate given that the calculation of housing requirements could be based on various scenarios. Indeed, the latest Annual Monitoring Report sets out 4 housing requirements, based on the Regional Spatial Strategy; the Option 1 figures; the Local Plan; and historical trends.
5.7 Applying a housing requirement to these scenarios would equate to a residual requirement of 1,915 dwellings, 1,415 dwellings, 1,450 dwellings and 1,150 dwellings respectively.
5.8 Although the Coalition Government has confirmed it’s intention to abolish the Regional Spatial Strategies, and that this is a material consideration in the determination of planning applications, for the time being the RSS remains in force.
5.9 The RSS requires an annual housing requirement of 340 dwellings in Broxstowe Borough.
5.10 Although the RSS will be abolished in due course, for the time being it remains the most up-to-date, objectively assessed evidence base for the purpose of assessing housing supply. This is on the basis that the housing figures were independently examined and are adopted.
5.11 The Annual Monitoring Report makes clear that over the last 20 years the average completion rate in Broxstowe Borough is 233 dwellings per annum. This falls well below the RSS requirement and equates to only approximately two thirds of the annual requirement.
5.12 This is a significant shortfall which year on year results in the supply falling further and further away from the annual requirement.
5.13 In simple terms, for every 3 years of the plan period the Council fall behind in housing supply by a full year.
5.14 By the Councils own assessment, this results in a housing supply of only 2.7 years.
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5.15 Even if the alternative scenarios were to be considered, in relation to the Option 1 figures the Council would have a 3.7 year supply, in relation to the local plan figures the Council would have a 3.6 year supply, and in relation to historical trends the Council would have a 4.5 year supply.
5.16 Paragraph 47 to the NPPF makes clear the importance of delivering housing. This states that Councils must boost significantly the supply of housing and meet the full, objectively assessed needs for market and affordable housing in their area.
5.17 Furthermore, Paragraph 47 states that Councils should provide 5 years worth of housing against their housing requirements with an additional buffer of 5% or 20% where there is a record of persistent under delivery.
5.18 As set out within the Annual Monitoring Report, the Council have over a 20 year period persistently under delivered in relation to housing supply. Thus, it is considered that the Council are a 20% authority.
5.19 Critically, Paragraph 49 to the NPPF states that relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot supply a 5 year supply of deliverable housing sites.
5.20 This is the case in relation to Broxstowe Borough.
5.21 On this basis it is not necessary to test the application proposals against Policy E12 of the Local Plan in relation to protected open space nor Policy E16 of the Local Plan in relation to ecological matters. This is on the basis that these policies are out of date in the context of the inadequate housing supply in Broxstowe Borough.
5.22 Indeed, it is considered that these protectionist policies refer to a plan period which is now time expired, and assumes a situation where there exists a 5 year supply housing of land. Given that the site is located in a suitable and sustainable location for development; the Council cannot demonstrate an appropriate supply of housing land; and the local plan is time expired there is a need for the site to come forward for housing development immediately.
5.23 In these terms significant weight can be attributed to the lack of a 5 year supply (plus 20% buffer) of deliverable sites within Broxstowe Borough. In
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consequence, the site should be released for development now ahead of any review to the Local Plan in order to urgently meet the housing supply shortfall.
5.24 It is recognised that policies within the Local Plan have been saved. However, the basis upon which policies have been saved makes clear the contingent basis namely the requirement in the decision making process to have regard to up-to-date policies which require a 5 year land supply. This material consideration which was contained within PPS3 at the time the Local Plan policies were saved and now reinforced within the NPPF, indicates that it is not appropriate to regard saved policies as an opportunity to refuse rather than grant planning permission since this approach is at odds with the NPPF particularly in the context of Paragraph 215 therein.
5.25 Importantly, there is an obligation to consider the development plan in the light of any absence of a 5 year supply which in this instance pre-dates the NPPF and can be chased back a considerable period.
3) Whether the grant of planning permission would result in adverse impact that would significantly and demonstrably outweigh the benefits.
5.26 It has been demonstrated above that the Council cannot demonstrate a 5 year supply of deliverable sites when assessed against any of the 4 supply scenario. Furthermore, due to the record of persistence under delivery the housing supply for Broxstowe Borough should be 5 years plus 20%.
5.27 Consequently, there is a presumption in favour of the grant of planning permission.
5.28 Paragraph 49 to the NPPF makes clear that housing applications should be considered on the presumption in favour of sustainable development. For decision taking, Paragraph 14 to the NPPF states that where the development plan is absent, silent or relevant policies are out of date, planning permission should be granted unless any other adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole.
5.29 It has been demonstrated that relevant policies of the development plan are out of date. Thus, there is a presumption in favour of granting permission.
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5.30 In accordance with Paragraph 14 to the NPPF, the Council should only refuse planning permission for this development if there are adverse impacts that arise that significantly and demonstrably outweigh the benefits of granting planning permission, specifically in relation to boosting housing supply.
5.31 In this regard the application proposals have been thoroughly tested in relation to a range of environmental and technical considerations. These are summarised below.
Design and Layout
5.32 The proposed layout reinforces the locally distinctive patterns of development found in the surrounding area. The design approach offers continuity and enclosure and the proposal provides a recognised street frontage at an appropriate scale.
5.33 The overall form, structure and layout has been designed to allow for adequate levels of separation distance between main windows and private amenity space.
5.34 The proposed dwellings benefit from private gardens and shared amenity space. The wider site will be viewed against the backdrop of an established boundary hedge and existing trees which will in the most part be retained.
5.35 The siting of properties in relation to Low Wood Road have been carefully considered to enable satisfactory levels of landscaping at the front.
5.36 The majority of existing properties in the locality are two-storey in height and the proposed development has given due regard to matters in relation to scale and massing and a thoughtfully designed development has been produced that harmonises with its surroundings.
5.37 It is understood that there is a ‘desire’ by local residents to extend the NET and that this may involve land within the application site. This matter is discussed within the accompanying Design and Access Statement. It is important to recognise that the proposal is in its infancy having no funding, no programme for the works and no formal design or technical analysis. Notwithstanding, the applicants have provided a route for the NET expansion which can be delivered in the event that funding becomes available. These proposals will
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thus not fetter any future deliverability of the NET expansion and the objective behind the Local Plan Policy in this regard is met.
Archaeology
5.38 An Archaeological assessment has been undertaken in respect of the site by CgMs Ltd on behalf of BWB Consulting.
5.39 The assessment has established that since the 11th century Hempshill was a small hamlet recorded as a deserted medieval village and a church. The exact location of these monuments is unknown, although it has been suggested that they were subsumed as part of the Hempshill Vale housing estate which was built in the 1970s. There is some potential for the southern part of the site to contain the remains of a medieval mill that was documented in 1677 although this may have been destroyed by the construction of the A610 road. Subsequent ground scan survey work demonstrate that there is no archaeological interest in the site and as part of the pre-application process a watching brief has been agreed with the county archaeologist.
5.40 The results of the work undertaken do not indicate that the site should not come forward for development.
Flood Risk
5.41 The assessment has demonstrated that an un-named water course flows through the site in an easterly direction before discharging into the River Leen approximately 1.5 kilometres to the east of the site, and during an extreme event water course may overtop its banks and inundate the site with flood water. Secondary flooding sources have been identified, including overland flooding and flooding from artificial drainage systems.
5.42 These flooding sources will be managed and mitigated on the proposed development site by using a number of techniques and mitigation strategies to manage and reduce the overall flood risk. It is important to recognise that the majority of the site is located within Flood Zone 1 and, therefore, has a low probability of fluvial flooding.
5.43 Notwithstanding, the proposed development is classified as less vulnerable, which is a use appropriate within Flood Zones, 1, 2 and 3.
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5.44 The overall results from the Flood Risk Assessment confirm that the risk posed to the site from flooding from the un-named water course is very low. Importantly all houses are now sited outside the 1:1000 year flood risk in accordance with EA requirements. Furthermore, the application is now accompanied by a sequential assessment and the Council have confirmed that the site passes the sequential test.
Heritage Issues
5.45 A Historic Assessment has been conducted by Iain Smith, Historic Environment and Planning Consultant to analyse the historic buildings at Hempshill Hall, Hempshill Hall Farmhouse and the barns at the farmhouse and to comment on their context and setting.
5.46 The Hall has retained its discrete landscape setting whilst the countryside around it has gradually disappeared. The situation of the Hall and farm complex today is characterised by their urban surroundings and the domestication of the farmyard and its inclusion into the modern housing estate.
5.47 The remaining farmland at the farm complex is a relic of a much earlier age. The land has no connectivity with any adjacent farmland or open countryside that would give it context as it is contained entirely by urban developments.
5.48 The barns have created an inward looking urbanised group of farm buildings one of which has been rebuilt in a way that changes its historic outlook by turning into an inward instead of outward looking building.
5.49 Development of the remaining fields will have no adverse impact on the setting of the listed buildings which should now be seen in their urban context and not as a country mansion and farm. The development of the field will complete a process that has defined the setting of the listed buildings since Cinderhill Colliery was opened in the 1840’s. The process of urbanisation has been changing the nature of Hempshill for over 150 years and the remaining farmland is just the last stage in an ongoing process.
5.50 Overall the development of the remaining fields will not impact directly on the Hall and its discrete landscape setting as there is no parkland with the Hall, whilst the belt of mature tree screening between the Hall and the application site will remain.
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Ecology
5.51 The report provides an ecological assessment of survey work carried out at Hempshill Hall, Nuthall in Nottinghamshire to assess whether the proposed development of 125 houses is acceptable from an ecological viewpoint. The surveys have confirmed that the site supports little by way of interest and what biodiversity exists can be more than mitigated for in the scheme proposed. Moreover, there is real opportunity to ensure that biodiversity interests are represented going forwards.
5.52 The site comprises of a series of grassland field compartments bordered by woodland and scrub. The eastern-most grassland field compartment, in addition to the sections of the stream.
5.53 The pond and adjacent (off-site) woodland habitat have been designated as a non-statutory Local Wildlife Site (LWS) (formally referred to as a Site of Importance for Nature Conservation (SINC)) known as Hempshill Hall. Consideration of the site citation indicates that the Hempshill Hall LWS did not meet the criteria for LWS selection. Alterations in the site management, including dumping of spoil on the grassland as part of pond improvement works, has led to deterioration in the grasslands quality. Consistent with this the detailed survey work presented herein has shown that the grassland falls significantly short of current criteria for LWS selection. Design of the proposals has sought to maintain the most species-rich areas of grassland and provide compensatory habitat creation. These measures are considered sufficient to ameliorate any potential impacts of the development to these habitats. In addition the accompanying planning and affordable homes statement states ‘in accordance with the NPPF the provisions of the Development Plan are out of date. Protectionist policies in relation to open space and ecology do not therefore apply’.
5.54 Detailed faunal surveys for badger, bats, breeding birds, great-crested newts, reptiles, water vole and white-clawed crayfish have also been carried out.
5.55 . There are no bat roosts within the site boundary. A sensitive lighting scheme within the proposals will ensure that there are no detrimental impacts to bat foraging and commuting habitat.
. Through the retention and enhancement of suitable nesting habitat
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there will be a negligible impact upon to breeding birds.
. Pond assessment and survey has demonstrated that great-crested newts are absent from the application site and therefore no mitigation is required in respect of this species. The pond is known to support toads and the proposals will include measures to protect the status of this population throughout the lifetime of the proposed development (detailed measures to be provided as an addendum to this report).
. A single grass snake has been recorded within the site. Mitigation is proposed to protect grass snake, which has been shown to make very limited and occasional use of the site. Survey has confirmed that white- clawed crayfish are absent and do not represent a constraint to development.
5.56 The proposals ensure that the ecological features of the site are retained and continue to form a part of surrounding ecological networks. Furthermore, in the absence of sympathetic management as is currently the case this site will continue to experience a marked decline in species interest and nature conservation value. Mitigation has been designed in order to safeguard biodiversity interests on site as outlined below. That mitigation is both appropriate and is of a scale and nature greater than the impacts that have been determined for this site. This scheme therefore achieves in biodiversity terms an enhancement over the current and extremely vulnerable diminishing site condition. Subject to the implementation of the mitigation and compensation measures there are no ecological constraints associated with the development of this site.
Trees
5.57 An Aboricultural Assessment has been conducted FPCR to present the findings of a survey of mature trees at the site. The survey was carried out on 21st December 2011 as a resurvey to the original tree report carried out in June 2009.
5.58 A total of thirty individual trees, eight groups of trees and two woodlands were surveyed as part of the assessment. The tree stock present within the assessment was structured in several distinct types, being as scattered mature parkland style planting with open grown habits, collections of mature trees forming prominent groups within the landscape and as significant woodland parcels.
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5.59 The tree survey has recommended that through the implementation of appropriate arboricultural management it is considered that most of the specimens can be successfully incorporated into the proposed development, thus providing instant maturity and continuation of high amenity to the landscape.
5.60 A total of two individual trees and one group were assessed as being in category R (Remove). Sixteen individual trees and three groups were considered as retention category C (low quality and value). Ten individual trees and two groups were considered as retention category B (moderate quality and value). Two individual trees, two groups and both woodlands were considered as retention category A (high quality and value).
Landscape Considerations
5.61 A Landscape and Visual Assessment has been undertaken by FPCR to consider the potential landscape and visual effects of proposed development on the site.
5.62 The broader landscape context of the site is urban fringe and comprises large residential areas to the north and south with a more mixed urban area to the east. To the west of the site this landscape is also varied and includes further settlement, farmland and scattered woodland, yet is dominated by the M1 motorway corridor.
5.63 Visibility of the site is very limited and the likely visual effects arising from any future proposed development should not be significant. Nevertheless careful consideration should be given to the setting of Hempshill Hall and to views from the Hall, the public footpath and the small number of adjacent properties with views into the site.
5.64 The site is outside the Green Belt boundary but identified in the Broxtowe Local Plan, 2004 as a ‘Protected Open Area’. The extent of this designated area was defined in 1994 and its current relevance to the stated visual amenity and recreational purposes of this policy is undoubtedly different to that existing 15 years ago. The importance of the designated area to the setting of Hempshill Hall and to the road approach into Nottingham does no longer justify the application of this policy.
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5.65 Overall, the site could assimilate appropriate development without any significant or unacceptable effects on the existing landscape and visual resources. This is subject to the subsequent detailed design and extent of development proposals. The site has the opportunity to incorporate some localised and longer term landscape opportunities.
Transport
5.66 A Transport Assessment has been undertaken by OPUS Joynes Pike (OJP). The assessment has identified existing sustainable links and infrastructure within the vicinity of the site benefitting walking and cycling which are of a good standard. The report recommends a new shared cycle/foot link to the south of the site, connecting the site to the existing shared cycle route at the Nuthall roundabout, new informal linkages within the site between Low Wood Road, Anders Drive, Lovell Drive, A610, and the Pheonix Business Park.
5.67 The report states that the site benefits from excellent highway links to link with the local and national Strategic Road Network. The assessment has determined that the proposed development will have an insignificant impact on the surrounding highway network.
5.68 The assessment has identified the level of parking provision required to accommodate the site requirements. A review of the personal injury data records has been undertaken concluding that the accident history for this type of busy urban area is low. A swept path analysis has been undertaken in accordance with Manual for Streets II and the proposals accord with the technical guidance therein.
5.69 In accordance with DfT/CLG TA Guidance a condensed New Approach to Transport Appraisal (NATA) has been undertaken. The assessment concludes that the proposed development benefits from good sustainable facilities/infrastructure within the site, directly/indirectly promoting healthier lifestyles, benefitting social inclusion and integrates with local, regional and national policy.
5.70 It can be concluded that for the most part there will be no adverse impact in relation to environmental and technical matters.
5.71 It is recognised that there will be a minor adverse impact in relation to
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transportation matters however this will be an immaterial impact and in any event would not result in an impact that is either significant or demonstrably outweighs the benefits of delivering housing.
5.72 Furthermore, it is noted from the Public Consultation exercise that a significant number of residents regard the site as an important open area and is the last remaining field that can be used for recreation such as dog walking.
5.73 Setting aside the site is privately owned and the only lawful use of the site is via the public footpath, it is not considered that the loss of a parcel of land in and of itself, which does not have any planning status other than being adjacent to the settlement boundary and not being protected for any open space or recreational purpose results in significant adverse impact nor demonstrably outweighs the benefits of delivering housing.
5.74 In these terms the important provisions of Paragraph 14 to the NPPF are met. Consequently the Council are required to approve the development without delay.
11) Section 106 Considerations including Affordable Housing Statement
5.75 Policy H5 of the Local Plan seeks the provision of affordable housing, whilst Policy RC4 of the Local Plan sets out requirements for contributions to community infrastructure.
5.76 The requirements to be included within the Section 106 agreement were set out in relation to the earlier withdrawn application. This confirmed that notwithstanding there are sufficient places at primary and secondary schools in the catchment to accommodate the pupils generated by the proposed development, an education contribution of £711,000 is required (based upon the previous 139 unit scheme).
5.77 It was also confirmed that there was a requirement towards integrated transport measures equating to £30,000 per net developable hectare; public open space on-site and maintenance contribution equating £3,442.84 per dwelling; and the requirement for 25% of housing to be affordable.
5.78 In terms of affordable housing, whilst provision on site is considered to be the preferred method of delivery from the Council’s perspective, discussions with
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the Housing Manager and subsequent advice from Officers of the Council indicate that a financial contribution as an alternative to providing affordable provision would be acceptable in principle.
5.79 It is recognised that Officers of the Council indicated that some, but not all of the affordable provision could be provided by way of an off-site contribution.
5.80 The applicants are concerned that the provision of affordable housing on site will do little to address the housing need within Broxtowe. This is on the basis that the application site adjoins Nottingham City and the affordable need for the immediate area is being driven by residents within the city’s boundary, rather than within Broxtowe. Recognising that the benefits to accrue from development should be spread across the Council in which development is proposed, the applicants are proposing that in this instance exceptional circumstances exist and that the provision of all of the affordable units by way of an off-site contribution would assist to a much greater extent in meeting Broxtowe’s housing need, and would avoid this proposal fulfilling some of Nottingham City’s affordable housing need.
5.81 In overall terms the applicant is content to agree to a Section 106 to address affordable housing, education, open space and integrated transport measures subject to provisions meeting the policy tests set out in the NPPF, CIL Regulations and Circular 05/2005 in particular that the requirements are necessary, reasonable in all respects and to not prejudice scheme deliverability as a consequence of viability.
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6. Conclusions
6.1 This Planning Statement has been produced on behalf of Langham Park Developments. It relates to a planning application for residential development of 125 units on land adjacent to Hempshill Hall Farm, Low Moor Road, Nottingham.
6.2 The site is adjacent to the Nuthall Roundabout to the east of Junction 26 of the M1 motorway located on the western edge of Nottingham City. The site extends to an area of approximately 5.87 hectares and is in a highly sustainable location. The site is bounded to the north by existing residential properties to the south by the A610 and by Low Wood Road to the west. To the east the site is bordered by Hempshill Barn, by existing properties fronting onto Barn Close and by the grounds of Hempshill Hall and Hempshill Hall Farm. The site therefore has clear physical and defensible boundaries.
6.3 In respect of facilities and services, the site is located within a highly sustainable location. It is in close proximity to existing residential and employment provision, schools, public open space, recreation provision, local shops, hospitals and services and public transport provision. The site is a suitable location for additional development given its sustainability credentials.
6.4 This statement has shown that there is a significant housing requirement and that the majority of this housing should be located adjacent to the Principal Urban Area, which includes the application site. Development requirements are so significant as to require Green Belt release, a distinct benefit of developing this site is that it is unfettered in Green Belt terms.
6.5 The proposals have been subject to significant pre-application discussion and consultation with the local community, Parish, Ward and District Councillors as well as Broxtowe Local Planning Authority and have been amended to address issues raised.
6.6 The basis upon which the application should be determined starts with the consideration of housing supply. In this regard irrespective of the basis of calculating supply the Council are unable to demonstrate a 5 year requirement. Given the persistent under delivery the Council are considered to require a 5 year plus 20% buffer of deliverable housing sites. This cannot be demonstrated.
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6.7 Consequently, in accordance with the NPPF the provisions of the development plan are considered out of date. Protectionist policies in relation to open space and ecology do not therefore apply.
6.8 It follows that there is a presumption of favour of sustainable development unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits of delivering housing.
6.9 In this regard a range of technical and environmental considerations have been set out. For the most part there are no adverse impacts arising from these assessments. It is recognised that there is a minor adverse impact in relation to transportation, however this is an immaterial impact and, importantly, is not significant and does not demonstrably outweigh the benefits of delivering housing on the site.
6.10 The Council are therefore invited to grant planning permission for the development proposed in accordance with Paragraph 14 of the NPPF in order to meet the provisions of the NPPF taken as a whole specifically in boosting the supply of housing and seeking to arrest the significant under performance in housing supply and commence immediately with a strategy for delivering more housing.
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