TO:- Planning Committee Councillor Terry Mason , Councillor Matt Ewart , Councillor Penny Allen , Councillor Len Bates B.E.M. , Councillor Chris Benton , Councillor Barry Bond , Councillor Mike Boyle , Councillor Jo Chapman , Councillor Bob Cope , Councillor Brian Cox , Councillor Isabel Ford , Councillor Rita Heseltine , Councillor Lin Hingley , Councillor Diane Holmes , Councillor Janet Johnson , Councillor Michael Lawrence , Councillor Roger Lees J.P. , Councillor Dave Lockley , Councillor Robert Reade , Councillor Robert Spencer , Councillor Christopher Steel
Notice is hereby given that a meeting of the Planning Committee will be held as detailed below for the purpose of transacting the business set out below.
Date: Tuesday, 20 August 2019 Time: 18:30 Venue: Council Chamber Council Offices, Wolverhampton Road, Codsall, South Staffordshire, WV8 1PX
D. Heywood Chief Executive
A G E N D A
Part I – Public Session
1 Minutes 3 - 6 To confirm the minutes of the meeting of the Planning Committee held on the 16 July 2019
2 Apologies
To receive any apologies for non-attendance.
3 Declarations of Interest
To receive any declarations of interest.
4 Determination of Planning Applications 7 - 106 Report of Development Management Team Manager
Page 1 of 120 5 Monthly Update Report 107 - 120 Report of Corporate Director Governance
RECORDING Please note that this meeting will be recorded.
PUBLIC SPEAKING Please note: Any members of the public wishing to speak must confirm their intention to speak in writing or e-mail to Development Management no later than 1 working day before the Committee i.e. before 12.00 p.m. on the preceding Monday.
E-mails to [email protected]
Please see Speaking at Planning Committee leaflet on the website for full details. Failure to notify the Council of your intention to speak may mean you will not be allowed to speak at Committee.
PUBLIC ACCESS TO AGENDA AND REPORTS
Spare paper copies of committee agenda and reports are no longer available. Therefore should any member of the public wish to view the agenda or report(s) for this meeting, please go to www.sstaffs.gov.uk/council-democracy.
A paper copy is available for inspection at the Council Offices, Wolverhampton Road, Codsall, South Staffordshire WV8 1PX.
Page 2 of 120 25 July 2019
Minutes of the meeting of the Planning Committee South Staffordshire Council held in the Council Chamber Council Offices, Wolverhampton Road, Codsall, South Staffordshire, WV8 1PX on Tuesday, 16 July 2019 at 18:30
Present:- Councillor Len Bates, Councillor Chris Benton, Councillor Barry Bond, Councillor Mike Boyle, Councillor Jo Chapman, Councillor Bob Cope, Councillor Brian Cox, Councillor Matt Ewart, Councillor Isabel Ford, Councillor Rita Heseltine, Councillor Lin Hingley, Councillor Diane Holmes, Councillor Janet Johnson, Councillor Michael Lawrence, Councillor Roger Lees, Councillor Dave Lockley, Councillor Terry Mason, Councillor Robert Reade, Councillor Christopher Steel
8 OFFICERS IN ATTENDANCE Sue Frith, Jennifer Mincher, Manjit Dhillon, David Pattison
9 MINUTES RESOLVED: that the minutes of the meeting of the Planning Committee held on the 18 June 2019 be approved and signed by the Chairman
10 APOLOGIES Apologies for non-attendance were submitted on behalf of Councillors P Allen and R Spencer
11 DECLARATIONS OF INTEREST There were no declarations of interest
12 DETERMINATION OF PLANNING APPLICATIONS The Committee received the report of the Development Management Team Manager, together with information and details received after the agenda was prepared.
19/00373/FUL – 8 CROYDON DRIVE, PENKRIDGE, STAFFORD, SOUTH STAFFORDSHIRE. ST19 5DW– APPLICANT – MR JOHN WAINWRIGHT – PARISH – PENKRIDGE
Councillor Raven spoke as a ward member on behalf of the neighbour at no.6 and requested that the application was refused, on the grounds that
The siting of the development would be likely to prejudice the amenity of the
adjoining properties because it would lead to overlooking and loss of privacy,
contrary to policy EQ9 of the adopted Core Strategy.
Councillor Lawrence considered there were not sufficient reasons to refuse
Page 3 of 120 25 July 2019 the application.
Councillor Cox commented that on the site visit the proposal was viewed from no.6 and no.8 and there was no reason to think there would be interference with the amenities of no.6, the proposed ridge is lower than the existing and there would be no greater overlooking than at present.
Councillor Mason asked for the photographs taken on the site visit to be shown and considered there would not be a significant loss of light to the adjoining conservatory.
Councillor Holmes thought the loss of sunlight would be minimal and the proposal was acceptable.
RESOLVED: that the application be approved as recommended
19/00017/OUT–LAND ON NORTH WEST SIDE, STAFFORD ROAD, PENKRIDGE – APPLICANT –STAFFORD ROAD LIMITED - PARISH - PENKRIDGE
There was one speaker, John Reece, a neighbour, who spoke against the application.
Councillor Jo Chapman was concerned about the lack of education places in Penkridge, had concerns about the potential access and commented that there was a very large amount of new development already in Penkridge.
Councillor Ford was very concerned, as had fought the Bloor Homes application
Councillor Cox commented that there was now a 5 year housing land supply, is another application on the site for 43 apartments and 11 bungalows. Education and other contributions detailed in the Officers report. There are no reasons to refuse, will vote in favour.
Councillor Lees asked if the density could be conditioned.
Councillor Mason said the description of the application was ‘up to 17’ and therefore a condition was not necessary.
Councillor Steel commented that what is approved at outline is not always what is approved at reserved matters.
Councillor Reade noted that it was a comprehensive report, supported approval as he thought an appeal would not be successful.
It was recommended that condition 11 was deleted, as this could be added at reserved matters stage, if required.
RESOLVED: that approval delegated to the Team Manger to issue the decision on completion of a satisfactory Section 106 Agreement and Unilateral Undertaking (UU). If these have not been achieved by 15 October 2019, this application will be referred back to the Planning Committee.
Page 4 of 120 25 July 2019
Councillor Bates requested that it was recorded that he had abstained
19/00296/FUL – 2 POPLARS FARM WAY, COVEN, WOLVERHAMPTON, SOUTH STAFFORDSHIRE. WV9 5EQ – APPLICANT –MR F BERTA – PARISH – BREWOOD & COVEN
There were 2 speakers - Kathryn Robinson against and Mr F Berta (applicant (for)
Councillor Sutton spoke as a ward member – she was opposed to the application on the grounds that it was contrary to Policies EQ1, EQ4, EQ11, Appendix 5 (Parking Standards) and Appendix 6 (Space About Dwellings). Proposal was over development of the plot, with a 4.5m long rear garden and no front garden, as it will all be parking space. Existing bungalow will lose its front garden for parking too. Questions the calculations on the size of amenity space.
Councillor Bolton spoke as a ward member – insufficient area to accommodate a dwelling and the visual impact would be unacceptable.
Councillor Holmes moved a motion for refusal; extra house is a different design and will spoil the character of the area. The hard standing proposed on the frontage could exacerbate flooding. Is over development of the plot.
Councillor Cox seconded the motion for refusal. Proposed dwelling would be taller as all other dwellings on this side are bungalows. Out of character in the street scene.
Councillor Mason supported refusal.
RESOLVED: that the application was refused on the following grounds: The proposed dwelling due to its size, position, scale and massing would introduce an overly cramped form of development which would detract from the established character and appearance of this part of Coven which is largely defined by single storey properties set in spacious plots. As such it would conflict with Policy EQ11 of the Core Strategy and Section 12: Achieving well-designed places of the National Planning Policy Framework
13 MONTHLY UPDATE REPORT The Committee received the report of the Monitoring Officer informing the committee on key matters including: proposed training; changes in National policy; planning appeal decisions (with the latest planning appeal decision appended to the report); quarterly planning enforcement details; and, latest data from the Ministry of Housing Communities and Local Government.
The Committee also suggested an additional training around balance of planning applications, particularly around green belt and how this is dealt with at appeal.
Councillor R Reade wished to formally thank planning officer Lucy Duffy for her work with regard to 62 Spirehill Lane.
Councillor C Steel asked for clarification on published enforcement cases.
Page 5 of 120 25 July 2019
RESOLVED: that the Committee note the update report
The Meeting ended at: 19:30
CHAIRMAN
Page 6 of 120 SOUTH STAFFORDSHIRE COUNCIL
PLANNING COMMITTEE - 20 AUGUST 2019
DETERMINATION OF PLANNING APPLICATIONS
REPORT OF DEVELOPMENT MANAGEMENT TEAM MANAGER
PART A – SUMMARY REPORT
1. SUMMARY OF PROPOSALS
To determine the planning applications as set out in the attached Appendix.
2. RECOMMENDATIONS
2.1 That the planning applications be determined.
3. SUMMARY IMPACT ASSESSMENT
Do these proposals contribute to specific Council Plan objectives? The reasons for the recommendation for each POLICY/COMMUNITY Yes application addresses issued pertaining to the Council’s IMPACT Plan. Has an Equality Impact Assessment (EqIA) been completed? Determination of individual planning applications so No not applicable- see below for equalities comment. SCRUTINY POWERS No APPLICABLE KEY DECISION No TARGET COMPLETION/ N/A DELIVERY DATE Unless otherwise stated in the Appendix, there are no FINANCIAL IMPACT No direct financial implications arising from this report.
Town and Country Planning Act 1990 Planning (Listed Buildings and Conservation Areas) Act 1990 Planning (Consequential Provisions) Act 1990 LEGAL ISSUES Yes Planning (Hazardous Substances) Act 1990 Planning and Compensation Act 1991 Planning and Compulsory Purchase Act 2004
Page 7 of 120 Equality and HRA impacts set out below. OTHER IMPACTS, RISKS & Yes OPPORTUNITIES
IMPACT ON SPECIFIC As set out in Appendix Yes WARDS
PART B – ADDITIONAL INFORMATION
4. INFORMATION
All relevant information is contained within the Appendix.
Advice to Applicants and the Public
The recommendations and reports of the Director of Planning and Strategic Services contained in this schedule may, on occasions, be changed or updated as a result of any additional information received by the Local Planning Authority between the time of its preparation and the appropriate meeting of the Authority.
Where updates have been received before the Planning Committee’s meeting, a written summary of these is published generally by 5pm on the day before the Committee Meeting. Please note that verbal updates may still be made at the meeting itself.
With regard to the individual application reports set out in the Appendix then unless otherwise specifically stated in the individual report the following general statements will apply.
Unless otherwise stated any dimensions quoted in the reports on applications are scaled from the submitted plans or Ordnance Survey maps.
Equality Act Duty
Unless otherwise stated all matters reported are not considered to have any adverse impact on equalities and the public sector equality duty under section 149 of the Equality Act 2010 has been considered. Any impact for an individual application will be addressed as part of the individual officer report on that application.
Human Rights Implications
If an objection has been received to the application then the proposals set out in this report are considered to be compatible with the Human Rights Act 1998. The recommendation to approve the application aims to secure the proper planning of the area in the public interest. The potential interference with rights under Article 8 and Article 1 of the First Protocol has been considered and the recommendation is considered to strike an appropriate balance between the interests of the applicant and those of the occupants of neighbouring property and is therefore proportionate. The issues arising have been considered in detail
Page 8 of 120 in the report and it is considered that, on balance, the proposals comply with Core Strategy and are appropriate.
If the application is recommended for refusal then the proposals set out in the report are considered to be compatible with the Human Rights Act 1998. The recommendation to refuse accords with the policies of the Core Strategy and the applicant has the right of appeal against this decision.
Consultations Undertaken
The results of consultations with interested parties, organisations, neighbours and Councillors are reported in each report in the Appendix.
CONSULTEES
CH – County Highways CLBO – Conservation Officer CPO – County Planning Officer CPRE – Campaign to Protect Rural England CPSO – County Property Services Officer CA – County Archaeologist CS – Civic Society EA – Environment Agency EHGS – Environmental Health Officer ENGS – Engineer FC – The Forestry Commission HA – Highways Agency LPM – Landscape Planning Manager HENGS – Engineer NE – Natural England PC – Parish Council OSS – Open Space Society STW – Severn Trent Water SWT – Staffordshire Wildlife Trust
5. IMPACT ASSESSMENT – ADDITIONAL INFORMATION
N/A
6. PREVIOUS MINUTES
Details if issue has been previously considered
7. BACKGROUND PAPERS
Background papers used in compiling the schedule of applications consist of:-
Page 9 of 120 (i) The individual planning application (which may include supplementary information supplied by or on behalf of the applicant) and representations received from persons or bodies consulted upon the application by the Local Planning Authority, and from members of the public and interested bodies, by the time of preparation of the schedule.
(ii) The Town and Country Planning Act, 1990, as amended and related Acts, Orders and Regulations, the National Planning Policy Framework (NPPF), the Planning Practice Guidance Notes, any Circulars, Ministerial Statements and Policy Guidance published by or on behalf of the Secretary of State for the Department for Communities and Local Government.
(iii) The Core Strategy for South Staffordshire adopted in December 2012 and Supplementary Planning Documents
(iv) Relevant decisions of the Secretary of State in relation to planning appeals and relevant decisions of the courts.
These documents are available for inspection by Members or any member of the public and will remain available for a period of up to 4 years from the date of the meeting, during the normal office hours. Requests to see them should be made to our Customer Services Officers on 01902 696000 and arrangements will be made to comply with the request as soon as practicable. The Core Strategy and the individual planning applications can be viewed on our web site www.sstaffs.gov.uk
Report prepared by: Sue Frith, Development Management Team Manager
Page 10 of 120
App no Applicant/Address Parish and Recommendation Page Ward Councillors 18/00921/FUL The Royal British KINVER APPROVE 13 - 32 Non Major Legion High Street Councillor B Kinver Edwards DY7 6ER Councillor L Hingley
Councillor H Williams 18/00991/FUL Land at Engleton Lane BREWOOD & APPROVE 33 - 68 Major Brewood COVEN South Staffordshire Councillor W J Sutton
Councillor J Bolton
Councillor D Holmes 19/00248/FUL Land At Shop Lane CODSALL APPROVE 69 - 90 Major Oaken South Staffordshire Councillor J Michell
Councillor R Spencer 19/00440/FUL 2 School Lane DUNSTON AND APPROVE 91 - 98 Non Major Dunston COPPENHALL Stafford ST18 9AG Councillor L Bates Councillor I Ford 19/00474/FUL 6 The Belfry PERTON APPROVE 99 - 106 Perton South Staffordshire Councillor P WV6 7YX Allen
Councillor N Caine
Councillor R Heseltine
Page 11 of 120
Page 12 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019
18/00921/FUL Mr Ian Malyan KINVER NON-MAJOR Councillor B Edwards Councillor L Hingley Councillor H Williams
The Royal British Legion High Street Kinver DY7 6ER
Demolition of derelict, former social club. Construction of new residential apartment block.
1. SITE DESCRIPTION AND PLANNING HISTORY
1.1 Site Description
1.1.1 The former British Legion Club is situated on land to the east of Legion Drive and Sterrymere Gardens. At the time of my site visit and at the point of submission of this application in November 2018, the existing building was constructed of brick, with buff inset panels, with a 1.5 storey central element and two single storey side sections. The whole building was either flat roofed or with a very shallow pitched felted roof. The building has since been demolished.
1.1.2 There is a hard surfaced parking area to the south and south-east of the building and an access road which comes off Sterrymere Gardens. The whole site presents a derelict and overgrown appearance.
1.1.3 The site is situated in the River Stour Valley, with the river lying in an incised meander to the south of the car park. There are several mature trees along the river bank which are outside of the site. To the north is a community centre and playing fields; to the east is a model railway club. To the west are residential dwellings which are at a significantly higher level and are well screened from the site by mature trees.
1.2 Planning History
2005 Office Accommodation, Withdrawn (05/00640/FUL) 2006 Office Accommodation, Refused (06/00074/FUL) 2011 Change of Use to Offices, Approved (11/00368/COU) 2011 Change of use from D1 to play café. Refurbishment of existing elevations, Approved (11/00923/COU) 2014 Outline Residential Development, Withdrawn (14/00277/OUT) 2014 Outline Residential Development, Withdrawn (14/00745/OUT) 2015 Demolition of existing building and construction of terrace of 6 No. 2 bedroom dwellings, Refused (15/00508/FUL) 2016, Demolition of existing building; construction of a terrace of 6no, 2 bed dwellings (resubmission), approved (16/00323/FUL)
Page 13 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019
2. APPLICATION DETAILS
2.1 The Proposal
2.1.1 It is proposed to erect a 9 dwelling apartment block at the site. The design and scale of the building have been reduced and better design features incorporated. The building is now around 29m by 16m with a total ridge height of 8m. The roof is hipped and there is a mixture of projecting gables. The building will be located to the north corner of the site with the entrance and exit coming in from the public highway of Sterrymere Gardens, which is an adopted road. There is a green area, a patio area that surrounds the building; a wheelie bins enclosure and a cycle rack. There are also two entrances provided to the railway club whose track and land are accessed through the site.
2.2 Agents Submission
A Design and Access Statement, Flood Risk Asessment, Protected species report and Sustainability statement
3. POLICY CONTEXT
Within the Green Belt, partially within the Conservation Area and Flood Zone 2/3.
Core Strategy Policy GB1: Development in the Green Belt Policy EQ1: Protecting, Enhancing and Expanding Natural Assets Policy EQ3: Conservation, Preservation and Protection of Heritage Assets Policy EV1: Retention of Existing Employment Sites Policy EV12: Parking Provision Policy EQ9: Protecting Residential Amenity Policy EQ11: Wider Design Considerations Policy H1: Achieving a Balanced Housing Market
National Policy National Planning Policy Framework 2019
4. CONSULTATION RESPONSES
Councillor Hingley raised concerns during the course of the application and called the application to committee.
Parish Council [received 06/06/2019] Recommend Refusal on the grounds that the proposed site of 8 2 bedroom and 4 1 bedroom apartments is an over development of the site. There is not enough parking spaces for the site a minimum of 2 per apartment is required + visitor's spaces. If the development is allowed then any damage to the road surface on the driveway to the site should be made good by the contractor.
Page 14 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019
The Parish Council has no objection to a development on the site and the approved plans for 6 town houses was much more in keeping, with the correct scale and size for the land.
County Highways (received 30/11/2018) There are no objections on Highway grounds to the proposed development subject to conditions. The proposed development is accessed off a private road and as such, Staffordshire County Council are not in a position to grant permission for access to the site.
County Flood Team (received 13/12/2018)
Thank you for consulting us on this planning application. As Lead Local Flood Authority (LLFA) we have reviewed the application and think it does not require a bespoke response.
The LLFA are not aware of any historic flood incidents in this area.
Conservation Officer (received 29/05/2019) The central element of the building has now been reduced in scale and now sits more comfortably with regard to the front elevation of the building. Based on these amendments I'm happier with the proposed scheme.
Materials will obviously be key in ensuring that the proposed building sits well within its context. Full details of the proposed external materials will be needed in order to ensure this is satisfactory.
Emergency Planning (received 21/07/2019) No comments as not within our control. The CCU (Civil Contingencies Unit) may be able to comment on the detail of the plan, but who will check that this is managed going forward? It is presumed that this will eventually be managed by the apartment block / management company themselves and then this might feasibly become an enforcement issue?
Senior Housing Officer (received 04/12/2018) Affordable housing
The proposed mix makes a contribution to meeting the local need and policy requirements for more smaller properties. It is therefore considered appropriate and compliant with Policy H1.
County Planning (received 16/11/2018) no comments
County Ecologist (received 01/07/2019) no objections subject to conditions
Natural England –(received 29/11/2018) no comments
County Education (received 19/11/2018) No education contribution will be requested as it is not our current policy to request a contribution from developments purely consisting of 1 or 2 bed apartments.
Page 15 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019
Environment Agency (received 07/03/2019) We have reviewed the amended Flood Risk Assessment (FRA) undertaken by Flo Consult UK Ltd (Ref: 409 Rev B dated October 2019) and confirm are now in a position to WITHDRAW AN OBJECTION to the proposals, subject to the imposition of conditions.
Safe Access and Egress We do not normally comment on or approve the adequacy of flood emergency response procedures accompanying development proposals, as we do not carry out these roles during a flood. Our involvement with this development during an emergency will be limited to delivering flood warnings to occupants/users covered by our flood warning network. The planning practice guidance to the NPPF states that, in determining whether a development is safe, the ability of residents and users to safely access and exit a building during a design flood and to evacuate before an extreme flood needs to be considered. One of the key considerations to ensure that any new development is safe is whether adequate flood warnings would be available to people using the development. In all circumstances where warning and emergency response is fundamental to managing flood risk, we advise local planning authorities to formally consider the emergency planning and rescue implications of new development in making their decisions. As such, we recommend you consult with your emergency planners and the emergency services to determine whether the proposals are safe in accordance with the guiding principles of the Planning Practice Guidance (PPG). We have considered the findings of the flood risk assessment in relation to the likely duration, depths, velocities and flood hazard rating against the design flood for the proposal. We agree that this indicates that for the access road this will be a Danger To Some People (e.g. the elderly and infirm) in higher velocity rates This does not mean we consider that the access is safe, or the proposals acceptable in this regard. We remind you to consult with your emergency planners and the emergency services to confirm the adequacy of the evacuation proposals. You may wish to impose the following condition in conjunction with your Emergency Planning Officer/Emergency Services (condition included as condition 6).
Natural England (received 29/11/2018) No comments
Cadent Gas (received 19/11/208) Standing advice with informative
Ramblers Association (received 06/12/2018) Right of Way No. 23, a footpath of Kinver Parish, passes close by the derelict social club. The developer must take care to respect the footpath and not to obstruct it in any way with building work or with building materials. The Ramblers' Association has no objections to the development.
Severn Trent Water (received 20/11/2018) no objections subject to the inclusion of a condition.
Page 16 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019
No comments were received and the consultation expired on 06/12/2018 for Tree Officer, Environmental Health Team, Local Plans Team, Open Spaces Society, Fire Service and Kinver Civic Society
Objections and representations were received from the Railway Club (KSCA) and 3 other interested parties who have concerns regarding the access, lack of parking, and flooding.
Site notice and advert (expired 11/12/2018)
5. APPRAISAL
5.1 The application is to be heard at Planning Committee at the request of Councillor Lin Hingley.
5.2 Key Issues
- Principle of Development - Impact on the Green Belt - Flood Risk - Affordable Housing - Housing Mix - Conservation - Amenity/Space About Dwellings - Access and Parking - Protected Species - Representations
5.3 Principle of development
5.3.1 An approval was granted for a terraced row of houses in 2016; this permission has been implemented and is extant. This building is however is materially different to that permission, so I will undertake an assessment of relevant policy and material planning considerations again.
5.3.2 The site is within the Green Belt, where under local policy GB1 the construction of new buildings other than for agricultural or forestry purposes is generally considered to represent inappropriate development. It is evident that GB1 is silent on the issue of sites within the Green Belt that are previously developed (brownfield land) i.e land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole curtilage should be developed).(Annexe 2:Glossary of NPPF)
5.3.3 However, the supporting text to policy GB1 states that development within the Green Belt will normally be permitted where it is acceptable "within the terms of national planning policy". It therefore follows that for any development to be
Page 17 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019 acceptable any proposal must comply with the provisions of the NPPF. In addition to this where the local plan is silent, then the NPPF becomes a material consideration.
5.3.4 In this light, part g) of paragraph 145 of the NPPF specifies that limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt than the existing development … would be an exception.
5.3.5 Does section g) of paragraph 145 therefore apply to the Former British Legion site?
5.3.6 In that the application site consisted of a large building and a large expanse of hard standing, I consider that it does comprise a site that has been previously developed. As the proposal involves demolition, rebuilding and new construction, it is for the partial redevelopment of the site. Therefore I consider that section g) is engaged.
5.3.7 That is not the end of the matter however. Before the exception principle is met, it has to be demonstrated that "the redevelopment would not have a greater impact on the openness of the Green Belt than the existing development".
5.4 Impact on the Green Belt
5.4 The extant permission has a floor area of around 580 sqm and the proposed apartment building has a floor area of around 583 sqm, which is a 3 sqm increase. I consider this increase De Minimis and on this basis, I do not consider that the proposed building would have a greater impact on the openness of the Green Belt than the extant permission for 6 dwellings and consider the scheme in accordance with national and local Green Belt policy.
5.5 Flood Risk
5.5.1 Paragraph 163 of the NPPF states that when determining any planning applications, local planning authorities should ensure that flood risk is not increased elsewhere. Where appropriate, applications should be supported by a site-specific flood risk assessment. Development should only be allowed in areas at risk of flooding where, in the light of this assessment (and the sequential and exception tests, as applicable), it can be demonstrated that: a) within the site, the most vulnerable development is located in areas of lowest flood risk, unless there are overriding reasons to prefer a different location; b) the development is appropriately flood resistant and resilient; c) it incorporates sustainable drainage systems, unless there is clear evidence that this would be inappropriate; d) any residual risk can be managed; and
Page 18 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019 e) safe access and escape routes are included where appropriate, as part of an agreed emergency plan.
5.5.2 The principle of residential development has been accepted at the site in 2016 and as this permission is extant, I do not consider it necessary to carry out a sequential or exception test and will default straight to the tests given above. a) the apartment block has been located in the north approximately 20m away from the Stour, in the same location as the extant terrace of dwellings b) the finished floor levels are to be set no lower than 47.88 and the parking and road areas are to be laid with permeable surfacing, c) the SUDS drainage system will be designed so that, unless an area is designed to hold and/or convey water, flooding does not occur on any part of the site for a 1 in 30-year rainfall event. The drainage system will also be designed so that, unless an area is designed to hold and/or convey water, flooding does not occur during a 1 in 100-year rainfall event in any part of a building (including a basement) or in any utility plant susceptible to water (e.g. pumping station or electricity substation) within the development. The design of the site will ensure that flows resulting from rainfall more than a 1 in 100-year rainfall event are managed in exceedance routes that avoid risk to people and property both on and off site. This can be secured by condition, whilst it is acknowledged that the layout of the building has changed throughout the course of the application and the layout shown at Appendix G of the approved FRA is not that which is to be approved, the SUDs scheme can be carried out in the same details nonetheless. d) The owner/occupier of the property will be required to carry out maintenance on any SuDS devices within the site boundary. It will be the owner's /occupier's responsibility to regular upkeep the drainage network on site throughout the lifetime of the development to ensure that flood risk on and off site is managed effectively. e) The EA have considered the findings of the flood risk assessment in relation to the likely duration, depths, velocities and flood hazard rating against the design flood for the proposal and agree that this indicates that for the access road this will be a Danger To Some People (e.g. the elderly and infirm) in higher velocity rates.
The Emergency Planning team had no comments as it was not in their control to monitor but queried who would enforce the evacuation plan and that the CCU may want to look at the plan once submitted as part of the condition.
5.5.3 The Flood Risk Assessment confirms that the development would not increase flood risk elsewhere, and the proposal would lead to a reduction in the impermeable area on site which arguably would have a neutral or even beneficial impact upon flood risk within the site. Overall, I consider that the proposal is acceptable with respect of flooding, subject to the inclusion of suitably worded conditions.
Page 19 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019
5.6 Affordable Housing
5.5.1 Paragraph 63 of the NPPF states provision of affordable housing should not be sought for residential developments that are not major developments, other than in designated rural areas (where policies may set out a lower threshold of 5 units or fewer). This application is not a major development.
5.7 Housing Mix
5.7.1 Policy H1 states that proposals for new housing developments should provide for a mix of housing sizes and types which is informed by the Housing Market Assessment and the Sub-Regional Housing Market Assessment. Both the Southern Sub Area and the Kinver area analysis of supply and demand for market housing highlight a shortfall of two bedroom properties. The proposal provides:
2 x 3 beds 6 x 2 beds 1 x 1 bed properties and it is considered that this proposal complies with Policy H1. The National prescribed space standards are also met.
5.8 Impact on adjacent Conservation Area
5.8.1 The site is located adjacent to the Kinver Conservation Area. Local Plan policy EQ3 states that the Council will consider the significance of all proposed works to heritages assets, informed by relevant guidance that is supported by English Heritage.
5.8.2 Section 16 of the NPPF states that when determining planning applications LPAs should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting and an appropriate assessment should be submitted in support. When considering the impact of a proposed development on the significance of a designated Heritage asset:
193… great weight should be given to the assets conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance…
196. Where a development proposal would lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.
5.8.3 In addition to the above, paragraph 200 states that LPAs
Page 20 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019
should look for better opportunities for new development within Conservation Areas to enhance or better reveal their significance. Proposals that preserve those elements of the setting that make a positive contribution to the asset (or which better reveal its significance) should be treated favourably.
5.8.4 Paragraph 201 goes on to say not all elements of a Conservation Area will necessarily contribute to its significance.
5.8.5 The scheme has been amended throughout the course of the application. Subject to the use of suitable materials the Conservation Officer considers that the removal of the existing buildings would have a positive impact upon the setting of the Conservation Area and it is considered that the revised design is acceptable. The proposal would therefore comply with Policy EQ3 and the aims of the NPPF.
5.9 Amenity
5.9.1 Policy EQ9 of the Core Strategy requires that new development should take into account the amenity of any nearby residents. The nearest residential elevations are at least 75m away and the proposals would remove a disused non-residential use. I therefore consider that there would be a positive impact for nearby residents and the proposals are compliant with Policy EQ9.
5.10 Space About Dwellings
5.10.1 The Council's Space about Dwelling standards recommend an area of 10 sqm per dwelling of usable, communal amenity space to provide an attractive visual setting with some sitting out space and clothes drying area. The proposal provides in excess of this.
5.11 Access and Parking
5.11.1 The Council's parking standards require the development to deliver 15 parking spaces. This can be achieved (15) along with five spaces provided for the Railway club. The access drive leading to the site from the High Street is unadopted and as such the County Highways team have offered no comments here. Although I acknowledge that 5 spaces may by a disappointment to the railway club, there is no requirement from a planning perspective.
5.12 Protected Species
5.12.1 The County Ecologist has reviewed the information submitted and considers the proposal acceptable subject to the inclusion of some conditions.
5.13 Representations
5.13.1 I have given serious consideration to the comments submitted by the owners of the railway club on the adjacent site and spent some time with them on site. I
Page 21 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019 have every sympathy for their concerns about the parking issues that the redevelopment of the site will have on the use of their site and fully understand why they are concerned. It has been somewhat of a luxury for them having the application site derelict and not in use, as it has afforded them practically unlimited parking both for them and patrons of the site during the weekend and on special events held over the course of the year. There is an extant permission for 6 dwellings at the site which did not provide the club with any parking, only parking for the residents and their visitors to the site. The events that they hold are infrequent and the patrons can park at other locations in the village and walk to the site. If visitors do park without due care and consideration for residents there is other legislation in place to deal with this. I appreciate they will be disappointed with the decision, however, for the reasons given in other sections of this report, I consider that a refusal is not warranted.
6. CONCLUSION
6.1 The proposals comply with all relevant policies within the Local Plan and there is support for dwellings of this type on the site. Historic evidence suggests that the site does flood. However, in line with Environment Agency advice, the proposed development has been designed with raised finished floor levels and resilient construction to mitigate for any flood events. The Flood Risk Assessment confirms that the development would not increase flood risk elsewhere, and the proposal would lead to a reduction in the impermeable area on site which arguably would have a neutral or even beneficial impact upon flood risk within the site. The development would lead to the redevelopment of a vacant, derelict and vandalised site which would increase the visual amenities of the area and improve community safety thus having a wider community benefit. I therefore recommend that the application is approved.
7. RECOMMENDATION - APPROVE Subject to Conditions
Subject to the following condition(s):
1. The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which this permission is granted.
2. The development shall be carried out in accordance with the approved drawings: PL05 Rev E, PL06 Rev E, PL 08 Rev F, PL10 Rev F PL11 Rev F received 08/08/2019
3. No works hereby approved shall be commenced, until full details of the following have been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter be undertaken in accordance with the approved details, and retained for the life of the development, unless otherwise agreed in writing by the Local Planning Authority.
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. External facing and roofing materials . Full details consisting of sections at a minimum scale of 1:5 and elevations at 1:20, of all external joinery including fenestration and doors and proposed exterior finish . Full details including a sample panel of the mortar mix, colour, gauge of jointing and pointing . Full details of the eaves and verge detailing . Full details of the brick bond to be us . Full details of rainwater goods, their materials and designs . Full details of rooflights
4. Before the development reaches damp proof course a landscape scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include the details of the boundary treatment to be used on all boundaries of the site. The approved scheme shall be implemented concurrently with the development and completed within 12 months of the completion of the development. The Local Planning Authority shall be notified when the scheme has been completed. Any failures shall be replaced within the next available planting season and the scheme shall be maintained to the satisfaction of the Local Planning Authority. The planting shall be retained and maintained for a minimum period of 10 years by the property owner from the notified completion date of the scheme. Any plant failures that occur during the first 5 years of the notified completion date of the scheme shall be replaced with the same species within the next available planting season (after failure).
5. The development shall be carried out in accordance with the submitted flood risk assessment (FRA) undertaken by Flo Consult UK Ltd (Ref: 409 Rev B dated October 2019 received by the council on 19 February 2019) and the following mitigation measures it details: Finished floor levels shall be set no lower than 47.88m above Ordnance Datum (AOD) as stated within section 9.2 of the FRA 38m2 Compensatory storage shall be provided as stated within section 9.3 and detailed with Appendix G Flood Compensation Layout referenced 40-D- 100 Rev 1 These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme's timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.
6. Prior to the first occupation of the development, a Flood Evacuation Management Plan shall be submitted to and approved in writing by the LPA in consultation with the LA Emergency Planning Officer and Emergency Services. The Plan shall include full details of proposed awareness training and procedure for evacuation of persons and property (including vehicles). It shall also include a commitment to retain and update the Plan and include a timescale for revision of the Plan.
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7. The development hereby permitted shall not be brought into use until the access drive, parking, servicing and turning areas have been provided in accordance with the approved plans.
8. The development hereby permitted should not commence until drainage plans for the disposal of foul and surface water flows have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.
9. The development hereby approved shall be carried out in accordance with the recommendations in the Ecological Mitigation Strategy (Focus, June 2019) and Section 1 of the Bat Survey Report (Focus, June 2019).
10. The areas of parking, turning areas and access should be laid with permeable surfacing only and maintained as such throughout the lifetime of the development.
Reasons
1. The reason for the imposition of these time limits is to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.
2. In order to define the permission and to avoid doubt.
3. To safeguard the amenity of the area in accordance with policy EQ11 of the adopted Core Strategy.
4. To safeguard the amenity of the area in accordance with policy EQ11 of the adopted Core Strategy.
5. To reduce the risk of flooding to the proposed development and future occupants and to prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided.
6. To minimise the flood related danger to people in the flood risk area.
7. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.
8. To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimize the risk of pollution, in accordance with policy EQ7 of the adopted Core Strategy.
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9. In order to protect any protected species on the site in accordance with EQ1 of the adopted Core Strategy.
10. To prevent danger or damage from flooding by the adjacent watercourse in accordance with policy EQ7 of the adopted Core Strategy.
Proactive Statement - In dealing with the planning application the Local Planning Authority has worked in a positive and proactive manner by agreeing amendments to the application and in accordance with paragraph 38 of the National Planning Policy Framework 2018.
Police Informative
Entrance to the Development There are long standing vehicle related anti-social behaviour issues on the adjacent car-park resulting in the installation of a lockable barrier and CCTV cameras, if this car-park is closed, particularly at night, there is the potential for such behaviour to be displaced onto the proposed development's car park, local people and visitors to Kinver park their vehicle's along Legion Drive as there is limited free parking in the High St.
I recommend that a rumble strip, change of road surface or brick pillars be incorporated at the road entrance of the site with lockable gate(s) in order to prevent the displacement of vehicle related anti-social behaviour and parking, similarly the proposed pedestrian gate that connects this site to the play area should be lockable, the footpath into the development should be wide, clear of hiding places, well lit, and follow a direct route.
Landscaping There are already anti-social behaviour issues on the adjacent site, to enhance residents' defensible space I recommend that the ground floor flats have low growing (0.5 metre) thorny plants planted beneath the windows, the grassed area should have 1 metre high railings installed along the footpath edge to prevent pedestrians creating a "desire line" by taking a short cut across the grassed frontage and into the playground.
Lighting The external lighting layout should offer Uniformity Values between 0.25 and 0.40, using lamps with a rating of at least 60 on the colour rendering index, and meet the relevant levels as recommended by BS5489:2013, this standard should include all communal parking areas, the bin and cycle store. It should be noted that 'bollard lighting is not compliant with BS5489:2013 because it does not project sufficient light at the right height and distorts the available light due to the 'up-lighting' effect; making it difficult to recognise facial features and as a result causes an increase in the fear of crime' Secured by Design Homes 2016 version 1; February 2016 pp 24, Para 18.3.
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For internal areas such as the communal entrance, landing and stairwell, 24 hour lighting (switched using a photoelectric cell) is recommended. To reduce energy consumption, lighting systems that reduce light levels during quieter periods may be utilised.
The implementation of low wattage lamps such as LED's, dusk to dawn lighting, vandal resistant luminaires with appropriate lighting values (5-10 Lux), mounted to a minimum height of 2.4 metres, and a regular maintenance regime, is considered good practice when considering lighting design specification and values; good lighting design promotes the feeling safety in the environment and reduce the fear of crime.
Lighting schemes should work together with landscaping measures to mitigate the effects of seasonal variations, i.e. trees when mature shouldn't mask lighting columns, both lighting and landscaping schemes should be well maintained as part of a maintenance schedule.
Bike Storage I recommend that the external bicycle storage should be a design that does not encourage use as an informal youth shelter, it should have individual stands for securing bicycles, must be lit at night using vandal resistant, dedicated energy efficient light fittings and energy efficient lamps such as Compact Fluorescent Lamps. Cyclists should be encouraged to lock wheels and the crossbar rather than just the crossbar and therefore the design of the cycle stand that enables this method is recommended. The minimum requirements for such equipment are; Galvanised steel bar construction minimum thickness 3mm Minimum foundation depth of 300mm with welded "anchor bar" Further information can be found at www.bikeoff.org/design resource
Doors The minimum Association of British Insurers (ABI) and Police door security standard is that doors building entrance/exit and flat entrance doors should be manufactured to a design that has been shown to meet the security requirements of PAS 24:2016 or designed and manufactured in accordance with Appendix B, Doc Q building Regs 2015
Door-sets satisfying other standards that provide similar or better performance are also acceptable, these standards include; STS 201 Issue 4:2013 or: LPS 1175 Issue 7.2 2010 Security Rating 2 or: STS 202 Issue 3 2011 Burglary Rating 2 or: LPS 2081 Issue 1 2015 Security Rating B
Letter plates, where provided, should have a maximum aperture of 260mm x 40mm. and incorporate a flap designed to hinder attempts to remove keys with sticks or rods and/or to restrict hand or arm entry.
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Note; Letter plates meeting the requirements of the Door and Hardware Federation's (DHF's) technical specification TS008:2012 have been shown to protect against attacks mentioned above.
Door-sets shall also be certificated to the following relevant material specific standards: BS 7412:2007 (PVC-U) BS 4873:2016 (Aluminium) BS 6510:2010 (Steel) BS 644:2012 (Timber) BS 8529: 2010 (Composite)
Doors should be secured with the relevant lock type: BS 3621: 2011 thief resistant mortise lock. BS 8621:2011 thief resistant mortise lock with keyless egress BS 10621:2011 as above but with keyless external deadlock BS EN 1303:2005 Minimum standard for cylinder locks LPS 1242 Issue 1.2 2005 Cylinder lock requirements DHFTS 621:2011 Electro-mechanical lock.
If glazed panels/windows adjacent to doors are installed as an integral part of the door frame then they must be shown to be part of the manufacturer's certificated range of door sets. Alternatively, where they are manufactured separately from the door frame, they must be certificated to: PAS 24:2012, or BS 7950: 1997 or STS 204 Issue 3:2012, or LPS 2081 Issue 1:2014
All glazing in and adjacent flat entrance doors should be installed with fire rated laminated glass meeting the requirements of BS EN 356:2000 class P1A, securely fixed in accordance with the manufacturer's specifications.
Door frames should be mechanically fixed to the structure of the building in accordance with the manufacturer's installation instructions.
Lightweight framed walls should incorporate a resilient layer to reduce the risk of anyone breaking through the wall and accessing the locking system, the resilient layer should be timber sheathing at least 9mm thick, expanded metal or a similar resilient material the full height of the door and 600mm either side of the door.
A third party certificate will be required to certify the doors meet SBD requirements.
Communal Entrance Communal entrance door-sets need to withstand high usage, certification to one of the following standards can demonstrate that the door set has a more robust
Page 27 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019 construction and is more able to withstand the day to day use in a communal application; PAS 24:2016 or STS 201: LPS 2081 STS 202 Issue 3 (2011) Burglary Rating 2 (minimum) LPS 1175 Issue 7.2 (2014) Security Rating 2+ (minimum) PAS 24:2016, paragraph 4.4.3 i.e. tested to BS EN 1627 Resistance Class 3 Secured by Design Homes 2016 version 1; February 2016 pp 41, para 27.3.
Communal door-sets also need to be fit for purpose and certified to meet requirements within BS6375 to ensure safety and security.
I recommend that the visitor entry door system should provide access into a draft lobby created for mailboxes where caller identity can be checked by a resident before deciding to allow access, there should be remote release of the primary entrance door-set from each apartment, and the system should have audio and visual communication between the occupant and the visitor. Trades buttons are not advised, on the basis they allow unauthorized access, have been proven to be the cause of anti-social behaviour and unlawful access to communal developments'. Developers and installers of door access control systems should be aware that standard UL293 provides reassurance that a system has been assessed against a prescribed security test regime, installers should pay attention to the following information regarding communal door sets 'where a glazed vision panel is installed it must form part of the manufactures certified door set range' Secured by Design Homes 2016 version 1; February 2016 pp 42, para 27.7.
Door-set - A complete door assembly, consisting of the door frame, door leaf or leaves, essential hardware and any integral side panel or fanlight (excluding coupled assemblies) Secure door-set - A door-set proven to resist physical attack by a casual or opportunist burglar or a bespoke door-set incorporating proven crime reduction construction features. Coupled assemblies - Door and window frames which are supplied as separate self- contained frames and fixed together on site.
Windows The minimum Association of British Insurers (ABI) and Police window security standard is that ground floor and other easily accessible windows (including easily accessible roof lights) windows should be secure windows in accordance with paragraphs 2.2 -2.3, Doc Q Building Regs 2015.
(Easily accessible - A window that is within 2m vertically of an accessible level surface such as ground/basement level or access balcony, or a window within 2m of a flat or sloping roof with a pitch of less than 45⁰ that is within 3.5m of ground level).
Windows should be made to a design which has been shown by test to meet the requirements of British Standards Publication PAS 24:2012.
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Note: windows demonstrating compliance with the police 'Secured by Design' initiative will also meet the provisions of this Approved Document.
Windows satisfying other standards that provide similar or better performance are also acceptable, these standards include; STS 204 Issue 3: 2012, or LPS 1175 Issue 7:2010 Security Rating 1, or LPS 2081 Issue 1:2015 Security Rating A
Windows must also be fit for purpose and shall be certificated to the relevant material standard i.e.: BS 4873: 2004 (Aluminium) BS 7412: 2007 (PVC-U) BS 644: 2003 (Timber) BS 6510: 2005 (Steel)
Installation and fixing of secure windows Frames should be mechanically fixed to the structure of the building in accordance with the manufacturer's installation instructions. (Secure window - A window proven to resist criminal attack or a bespoke window incorporating proven crime reduction construction features).
A third party certificate will be required to certify the windows meet SBD requirements.
Mail I recommend that all mail is delivered to a secure area created in the draft lobby enabling residents to collect their post from lockable mail boxes; this will remove the opportunity for bogus delivery staff to access private corridors to commit crime and for local teens to use the entrance and corridors as an informal youth shelter.
Party Wall Construction & Sound Insulation All party walls will resist intrusion with the components, such as: Timber sheathing, minimum 9mm thick ; or Expanded metal
The following 'Robust Details' are acceptable: E-WT-2 (timber wall construction) E-WT-3 (light steel construction) E-WT-20 (masonry wall construction)
Alternatively walls meeting the following standards are also acceptable: LPS 1175 Issue 7:2010 Security Rating 1, or STS 202 Issue 3:2011 Burglary Rating 1
Loft hatches in communal areas must be secured with products certified to: Sold Secure 'Silver', or
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LPS 1654 Issue 1:2013 SR, installed in accordance to the manufacturer's instructions.
Intruder Alarms A 13 amp non switched fused spur, suitable for an alarm system, should be installed within each apartment. If the full alarm system is installed it shall comply with one of the following standards: BS EN 50131 & PD6662 (wired system) BS 6799 (wire free system) All installations should be in accordance with the current regulations for electrical installations.
Further information on Secured by Design and accredited security products can be found at www.securedbydesign.com and www.soldsecure.com
Cadent Gas Informative:
Considerations in relation to gas pipeline/s identified on site:
Cadent have identified operational gas apparatus within the application site boundary. This may include a legal interest (easements or wayleaves) in the land which restricts activity in proximity to Cadent assets in private land. The Applicant must ensure that proposed works do not infringe on Cadent’s legal rights and any details of such restrictions should be obtained from the landowner in the first instance.
If buildings or structures are proposed directly above the gas apparatus then development should only take place following a diversion of this apparatus. The Applicant should contact Cadent’s Plant Protection Team at the earliest opportunity to discuss proposed diversions of apparatus to avoid any unnecessary delays.
If any construction traffic is likely to cross a Cadent pipeline then the Applicant must contact Cadent’s Plant Protection Team to see if any protection measures are required.
All developers are required to contact Cadent’s Plant Protection Team for approval before carrying out any works on site and ensuring requirements are adhered to.
Email: [email protected] Tel: 0800 688 588
Page 30 of 120 Lucy Duffy - Assistant Team Manager - Planning Committee 20th August 2019
The Royal British Legion, High Street, Kinver, Stourbridge DY7 6ER
Page 31 of 120
Page 32 of 120 Patrick Walker – Senior Planner - Planning Committee 20th August 2019
18/00991/FUL Lovell Homes BREWOOD & COVEN Councillor W Sutton MAJOR Councillor Joyce Bolton Councillor D Holmes
Land at Engleton Lane, Brewood, South Staffordshire
Construction of 73 dwellings, a new vehicular access off Engleton Lane, open space, surface water attenuation and associated works
1. SITE DESCRIPTION AND PLANNING HISTORY
1.1 Site description
1.1.1 The site extends to approximately 4.2ha in total and sits immediately to the north-east of the built area of the village of Brewood. The site itself is currently occupied by agricultural fields and is bisected at its north-eastern end by a native hedgerow. 3ha of the site sits within the development boundary of Brewood, on an area of land recently allocated for a minimum of 53 dwellings in the 2018 Site Allocations Document. The remaining 1.2ha to the north-eastern end of the site sits within the Green Belt.
1.1.2 At its south-western extent, the site is bounded by existing residential development along Westgate and Engleton Lane, from which the site is separated by a row of established tree planting and an access track used to access the sports fields immediately adjacent to the site’s south-eastern boundary. To the north-west, the site is bounded by Engleton Lane, which is a country lane closely bounded by existing hedgerow planting, beyond which lie further agricultural fields. To the north-east the land slopes downhill away from the site towards Ivy House Lane, which is separated from the site by small-scale agricultural fields.
1.2 Relevant Planning History
None
1.3 Pre-application Advice
Pre-application discussions have taken place.
2. APPLICATION DETAILS
2.1 The Proposal
2.1.1 The application proposes to construct a mixture of 1, 1.5 and 2 storey properties, totalling 73 dwellings across the site. 40% of the total housing provision across the site is proposed to be provided as affordable housing provision, split into a 50/50 mix of social rent and shared ownership. Following the submission of amended plans since the application was originally submitted, the dwelling mix comprises of the following tenures and sizes:
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43 open market properties: 16 of which are 2 bed dwellings 16 of which are 3 bed dwellings (n.b. this includes 2 dormer bungalows marked as 2/3 bed dwellings) 11 of which are 4 bed dwellings
15 shared ownership properties: 8 of which are 2 bed dwellings 7 of which are 3 bed dwellings
15 social rented properties: 2 of which are 1 bed dwellings 7 of which are 2 bed dwellings 6 of which are 3 bed dwellings
2.1.2 The development would provide a mixture of bungalows and houses, with two maisonette flats also being provided. All of the proposed houses would be two stories in height and would form a mixture of detached, semi-detached and some limited terraced areas. The proposed bungalows are between one and one and a half stories tall, with some bungalows accommodating bedrooms on the first floor through dormer roofs. The developable area of the site is approximately 2.26ha, meaning that a scheme of 73 dwellings would result in a density of approximately 32 dwellings per hectare.
2.1.3 All proposed dwellings sit within the development boundary of Brewood. The area of Green Belt land to the north is proposed to accommodate an attenuation basin, designed to provide a sustainable drainage system to control surface water run off associated with the proposed development, alongside a footpath providing public access to the space.
2.1.4 Subsequent to the initial submission of plans, the proposed development has been subject to a number of revisions to ensure conformity with consultee requirements, particularly those relating to the landscaping proposals, highways specification and housing mix/tenure. The final proposed plans reflect these amendments.
2.2 Applicant’s Submission
2.2.1 The following supporting documents have been submitted in addition to the proposed plans:
- Archaeological Desk Based Assessment - Community Engagement Statement - Design and Access Statement - Flood Risk Assessment - Geoenvironmental Assessment - Draft Heads of Terms for s106
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- Planning Statement - Preliminary Ecological Appraisal - Bat Activity Survey - Newt Survey and Mitigation Strategy - Reptile Survey - Badger Survey - Transport Statement - Travel Plan - Tree Survey and Arboricultural Impact Assessment - Hedgerow Survey - Landscape Management Plan - Ecological Enhancement Strategy - Construction Environmental Management Plan - Ball Strike Assessment - Additional flood risk information (including surface and foul water outfall plans, topographical survey extracts and microdrainage calculations) - Engleton Lane, Brewood Construction Access background letter
2.2.2 In accordance with the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, the application was screened and it was concluded that an Environmental Impact Assessment was not required.
3. POLICY CONTEXT
3.1 The southern parcel of the site is within the development boundary, as defined through the Council’s Site Allocations Document (2018). The remainder of the site to the north is within the Green Belt.
3.2 Core Strategy 2012
National Policy 1 – The Presumption in Favour of Sustainable Development Core Policy 1 – The Spatial Strategy for South Staffordshire Core Policy 2 - Protecting and Enhancing the Natural and Historic Environment Core Policy 6 – Housing Delivery Policy GB1 – Development in the Green Belt Policy EQ1 – Protecting, Enhancing and Expanding Natural Assets Policy EQ3 – Conservation, Preservation and Protection of Heritage Assets Policy EQ4 – Protecting and Enhancing the Character and Appearance of the Landscape Core Policy 3 – Sustainable Development and Climate Change Policy EQ7 – Water Quality Policy EQ9 – Protecting Residential Amenity Core Policy 4 – Promoting High Quality Design Policy EQ11 – Wider Design Considerations
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Policy EQ12 – Landscaping Core Policy 5 – Infrastructure Delivery Policy EQ13 – Development Contributions Core Policy 6 – Housing Delivery Policy H1 – Achieving a Balanced Housing Market Policy H2 – Provision of Affordable Housing Policy H4 – Delivering Affordable Housing Policy H5 – Specialist Housing Accommodation Core Policy 11 – Sustainable Transport Policy EV12 – Parking Provision Core Policy 13 – Community Safety Policy CS1 – Designing Out Crime Core Policy 14 – Open Space, Sport and Recreation Policy HWB1 – Protection of Open Space, Sport and Recreation Facilities Policy HWB2 – Green Infrastructure Core Policy 15 – Children and Young People
3.3 Site Allocations Document 2018
Policy SAD2 – The Housing Allocations Policy SAD6 – Green Belt, Open Countryside and Development Boundary Amendments Policy SAD7 – Open Space Standards Policy SAD9 – Key Development Requirements
3.4 National Planning Policy Framework 2019
Section 2 – Achieving sustainable development Section 4 – Decision-making Section 5 – Delivering sufficient supply of homes Section 8 – Promoting healthy and safe communities Section 11 – Making effective use of land Section 12 – Achieving well-designed places Section 13 – Protecting Green Belt land Section 15 – Conserving and enhancing the natural environment Section 16 - Conserving and enhancing the historic environment
4. CONSULTATION RESPONSES
Councillor comments:
Councillor Diane Holmes (received 02.08.2019):
Page 36 of 120 Patrick Walker – Senior Planner - Planning Committee 20th August 2019
With reference to your remarks about not writing to you with objections to some aspects of the above planning application, I recall a conversation with you some two months ago where I understood you to indicate that it was too late to call it in.
Now that it has been called in, and the matter should be up for discussion at the next planning committee meeting, I would like to express my concerns regarding the safety aspect of the points of access for construction traffic during the site’s development.
Councillor Wendy Sutton (received 01.08.2019):
18/00991/FUL - The National Planning Policy Framework (NPPF 2019) states that development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.
I have no objection to this application of the development of this site but object strongly on the grounds that the impact of the construction traffic upon the local population by the use of the local highways network - due to the narrowness of the Roads, sharp turning and substantial visibility issues would be severe.
There are currently no objections raised by County Highways after a negotiated change but the reality is that the additional provision of a banksman between the hours of 8am to 9am does little to assuage the concerns of myself and residents of Brewood.
These concerns have been discussed at length many times with planning staff (including a site visit to the Roads concerned) since the suggested removal of the temporary tarmac Road at the end of March 2019, and introduction of the use of the current highways network by construction traffic.
I wish to call in this amendment before the planning committee and request a site visit of the proposed Roads to be used for construction traffic.
Brewood Parish Council
Initial comments (received 11.01.2019)
The Parish Council does not object to the construction of 73 dwellings in Brewood but it does object to the plan submitted by the developer which contains many errors such as incorrect distances from village centre, schools and bus stop and other less important inaccuracies such a wrong road names; which suggest that the plan is a copy of an existing development elsewhere in the country. The Parish Council agrees with and supports the statement submitted by Brewood Civic Society. Part of the boundary comes within meters of the ancient Roman ditch in Engleton Lane yet the developer has not considered the impact upon it. The District Council must ensure that the temporary road which will be used for the construction site does not become a permanent vehicular access road. The Parish Council would also like to express its infuriation regarding the lack of notice and timing of the
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planning submission which was over the Christmas period/council office closure when many local residents and interested parties may have missed the opportunity to comment.
Updated comments (received 03.04.2019)
The Parish Council strongly objects to the amended plans for the site access route. It is a very poor and dangerous alternative route. The road is not wide enough for two cars to pass, causing significant danger for pedestrians and vehicles. The bends at both ends of Ivy House Lane are blind. The landowner and tenant both support the construction of a temporary haul road from Four Ashes Road to Engleton Lane.
Senior Arboricultural officer (final comments received 15.05.2019) confirms no objections to the development and acceptance of the landscape scheme in final comments. Previous comments requested changes to avoid removal of trees or mature hedging to facilitate original construction access road route, amendments to vis splays to reduce tree loss, requests for conditions securing an arboriculutural method statement and amendments to the submitted landscape plan.
Senior Housing Strategy and Delivery Officer (most recent comments received 29/03/2019) confirms scheme complies with affordable housing and housing mix requirements, through providing sufficient bungalows and 2 bedroom properties alongside appropriately integrated affordable dwellings. Highlights properties C,D,E and M which remain below Nationally Described Space Standards.
Local Plans team (received 14/01/2019) highlights that the plans (as originally submitted) were in general conformity to the Site Allocations Document requirements, but that it was not clear that open space requirements were being met by the site. No amended Local Plans comments have been received following submission of revised layout plans addressing these points.
County Archaeology (final comments received 04/03/2019) confirm no objections subject to conditions
County Ecologist (final comments received 24/04/2019) confirm no objections subject to conditions
Lead Local Flood Authority (received 26/02/2019) confirm no objections subject to conditions securing detailed surface water drainage designs and maintenance proposals
County Highways (final comments received 13/05/2019) confirm no objections subject to conditions
Minerals and Waste Planning Authority (received 20/12/2018) offers no comment
Page 38 of 120 Patrick Walker – Senior Planner - Planning Committee 20th August 2019
School Organisation Team (received 04/01/2019) confirm no education contribution is required to due to the existing capacity of schools in the surrounding areas to accommodate likely pupil demand from the development
Severn Trent Water (received 21/03/2019) confirm no objections subject to conditions
Natural England (received 17/01/2019) confirm no objection to the proposals, and that Natural England concurs with the District’s appropriate assessment of likely significant effects of the proposal on the Cannock Chase SAC
Sport England (most recent comments received 12/04/2019) confirm no objection following applicant’s provision of a Ball Strike Assessment
Staffordshire Police (received 21/12/2018) provided standing advice
Ramblers Association (received 03/04/2019) confirm no objections as the proposed development will have no adverse effect on any nearby Right of Way.
Local resident comments – x 7 objections received
A number of objections were received to the proposed development by local residents, including those who are members of the Brewood Civic Society. Objections raised can be summarised in the following points;
- Construction traffic using Engleton Lane due to narrow road width, poor visibility splays and heavy traffic loads at certain times of day - Concerns regarding construction traffic using Engleton Lane and Ivy House Lane - Concerns that deliveries will be allowed to the site at 8am, during rush hour and school runs - Proposed facing materials and some detailing (e.g. GRP fake chimneys) are not representative of Brewood contrary to Village Design Statement p17 - Lack of detail on final drainage scheme is an issue given residents of Cresswood Park have experienced historic flooding from sewage system - Concerns regarding the use of a 40 mph gateway, unlike other village entrances - Inaccuracy of distances to facilities in the surrounding area in the submitted travel plan - Need for resurfacing along surrounding footpaths and roads - Lack of detail of longer term maintenance of public open space on the site - Objections to 73 dwellings being provided to meet an allocation of a minimum of 53 dwellings - Lack of sufficient parking spaces provided to serve the development - Insufficient open space to meet Policy SAD7 standards - Lack of boundary treatment along access track to the south - Loss of privacy to surrounding properties
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- Overly high roof pitches on Type E properties - Loss of Green Belt agricultural land for construction access road without associated restoration proposals - Extension of the site boundary into the Green Belt to accommodate construction compound.
Site notice (posted 20.12.18, expired 10.01.2019)
Advert (posted in Express and Star 08.01.2018, expired 29.01.2019)
5. APPRAISAL
5.1 This application has been called into Planning Committee by Councillors Brian Cox, Diane Holmes and Wendy Sutton, owing to concerns regarding the proposed construction access road.
5.2 Key Issues - Principle of Development - Affordable Housing/Housing Mix - Wider design considerations - Open space, trees & landscaping - Residential Amenity / space about dwellings - Other neighbouring uses - Ecology - Historic environment - Highways/parking - Construction traffic - Drainage - Representations - Cannock Chase SAC - Section 106 agreement/proposed conditions
5.3 Principle of Development
5.3.1 The development lies on an area of land identified for a housing allocation of a minimum of 53 dwellings in Policy SAD2 of the 2018 Site Allocations Document. The site forms part of the wider development boundary of Brewood, which is one of the Main Service Villages in South Staffordshire and is identified for housing growth in Core Policy 1 of the adopted Core Strategy. This application seeks to deliver the allocation proposed in Policy SAD2, by providing for 73 dwellings within the allocated development boundary site of a Main Service Village. Whilst some residents have expressed concerns regarding the minimum allocation of 53 dwellings being exceeded, Policy SAD2 does not express an upper limit on the amount of development to be delivered. Equally, Core Policy 1 of the Core Strategy emphasises the need to make efficient use of land and NPPF paragraph 223
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emphasises the need to avoid homes being built at low densities. Therefore, subject to meeting other detailed design requirements set out in later sections of this report, the principle of 73 dwellings on the area within the development boundary is supported.
5.3.2 The application site also includes an area of land to the north-east which is beyond the development boundary, lying within the Green Belt. The application proposes to use part of this land for an attenuation basin and public open space, in order to assist in providing adequate drainage measures and public open space to serve the development. Policy GB1 of the Core Strategy and paragraph 146 (e) of the NPPF allow for the material changes of use (such as changing agricultural land to open space or an attenuation basin) to be appropriate forms of development within the Green Belt, provided that they preserve its openness and do not conflict with the purposes of including land within the Green Belt. These tests are set out in paragraph 134 of the NPPF. Policy GB1 also allows for the carrying out of engineering or other operations where the works or use proposed would have no material effect on the openness of the Green Belt or the fulfilment of its purposes.
5.3.3 The area to be occupied by open space and an attenuation basin would accommodate no built structures, with development being limited to the creation of a semi-natural basin and associated planting, with limited areas of surfaced footpaths surrounding this. Therefore, there would not be any material impact on the openness of the Green Belt resulting from locating the open space or sustainable drainage systems (SuDS) in this area of the site. Furthermore, the location of open space within the Green Belt is suggested as an appropriate Green Belt use in paragraph 146 (e) of the NPPF, whist engineering operations (such as SuDS features) are supported by paragraph 146 (b) of the NPPF. Equally, given the lack of build form proposed in these areas, these proposals would not conflict with the Green Belt purpose of safeguarding the countryside from encroachment, nor would it conflict with any other Green Belt purpose set out in paragraph 134 of the NPPF.
5.3.4 Having regard to the above, the proposal delivers housing growth in accordance with Core Policy 1 of the Core Strategy and Policy SAD2 of the Site Allocations Document, whilst conforming to the restrictions set upon Green Belt land in Policy GB1 of the Core Strategy. Therefore, the principle of 73 dwellings on the allocated development boundary site and limited areas of SuDS and accessible open space on Green Belt land at the site’s north- eastern extent is supported by Site Allocations Document and Core Strategy policies.
5.4 Affordable Housing/Housing Mix
5.4.1 Policy SAD9 requires all allocation sites to provide an appropriate housing mix, including affordable housing and specialist housing for the elderly. The housing mix should also reflect the requirements of relevant Core Strategy policies. These include Policy H1, which indicates the Council will encourage the provision of more 2 and 3 bed homes in all housing market areas, and will have regard to the Council’s Housing Market Assessment in setting an appropriate housing mix. Policy H2 also requires, on sites of 10 or more dwellings,
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for 40% affordable housing to be provided on greenfield sites. The Council’s Affordable Housing and Housing Mix SPD requires a 50/50 split between social rent and intermediate tenures (i.e. shared ownership properties). To this end, the applicants have submitted a draft heads of terms and affordable housing layout plans, which address the need for 40% of the scheme to be provided as affordable housing with a 50/50 split between social rent and shared ownership tenures.
5.4.2 The Council’s Senior Housing Strategy Officer has been consulted on the proposed development and has offered comments requesting amendments to several iterations of the proposed scheme. In summary, these amendments have now ensured that the proposal provides 10% of the overall scheme as bungalows in order to help to address the specialist housing needs of the elderly (Policy SAD9). The agreed amendments to the proposed layout also ensure that a mix compliant with the Council’s latest Housing Market Assessment is delivered. This agreed mix, as reflected on the most recently submitted layout plan, is set out below;
43 open market properties: - 16 of which are 2 bed dwellings - 16 of which are 3 bed dwellings (n.b. this includes 2 dormer bungalows marked as 2/3 bed dwellings) - 11 of which are 4 bed dwellings
15 shared ownership properties: - 8 of which are 2 bed dwellings - 7 of which are 3 bed dwellings
15 social rented properties: - 2 of which are 1 bed dwellings - 7 of which are 2 bed dwellings - 6 of which are 3 bed dwellings
5.4.3 The Senior Housing Strategy Officer has also secured changes to the plans as originally submitted to ensure that the affordable housing provided is fully integrated within the development, as per the requirements of Policy H4 of the Core Strategy. These negotiated changes also ensure that the affordable properties are not consigned to the least attractive areas of the site, as required by the government’s Planning Practice Guidance. Having had sight of the latest layout, the Senior Housing Strategy Officer has confirmed that a satisfactory level of integration of affordable properties has been achieved across the proposed scheme. Therefore, it is considered that the development has satisfactorily addressed the requirements of Policy H4 of the Core Strategy.
5.4.4 Since the government’s Written Ministerial Statement ‘Planning update March 2015’, existing internal space standard policies set in local plans are no longer considered to be up-
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to-date, and residential schemes are to be interpreted against the nearest equivalent requirement in the nationally described space standards.
5.4.5 All dwellings within the proposed scheme meet the minimum floorspace requirements based on the number of bedrooms they are designed to accommodate (e.g. 2 bedroom or 3 bedroom properties). All proposed dwellings therefore meet the nationally described internal floorspace standards insofar as they relate to the number of bedrooms being provided, meaning the Council can be sure the proposed dwellings are of a satisfactory size to deliver a policy compliant housing mix.
5.4.6 Having regard to the above points, I consider that the application meets the requirements of policies H1, H2 and H4 of the adopted Core Strategy, Policy SAD9 of the Site Allocations Document and would be in accordance with the provisions of the Affordable Housing and Housing Mix SPD.
5.5 Wider design considerations
5.5.1 Core Strategy Policy EQ11 sets out the policy starting points for considering the design of proposals. This policy emphasises matters such as the need to respect and enhance local character and distinctiveness and to make a positive contribution to the public realm. Equally, Policy SAD9 of the Core Strategy requires allocation sites to respond to the requirements of the latest South Staffordshire Design Guide and to provide safe, secure and legible walking and cycling connections to and from the existing pavement network in the adjacent village. The South Staffordshire Design Guide 2018 sets out a number of specific design prompts for the village of Brewood, requiring new development to;
- Draw inspiration from local materials, reflecting local precedents - Reflect the scale and proportions of surrounding properties, avoiding three storey schemes outside of the village core - Retain Brewood’s compact settlement pattern, adopting tight, relatively dense development designs - Contribute to the apparent green and well-wooded character of Brewood by including space for new or restored planting
5.5.2 To support the application, the applicants have produced a Design and Access Statement and Local Precedents document. Together, these set out how the scheme has taken cues from the character of the surrounding area in its design. For example, the properties around the outer edge of the scheme draw on Georgian design precedents, such as white painted brick plinths, wired casement windows, stone cills and use of black barge boards on gable elevations. The submitted Local Precedents document indicates how such design features, and the materials set out in the submitted materials schedule, are reflective of the design of properties in the wider village. Furthermore, the additional landscaping provided by the development and the compact housing layout provided will respond to the
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cues given in the District Design Guide. The scheme also provides for an appropriate mixture of boundary treatments throughout its layout, prioritising the use of planting and brick built walls on elements of dwelling curtilage visible from the streetscene.
5.5.3 Following amendments to the scheme, a more permeable pedestrian movement network has been provided within the scheme, through the introduction of a footpath in the open space buffer running adjacent to Engleton Lane, which ultimately links into the provided pedestrian access to Engleton Lane. This satisfies the relevant requirements of Policy SAD9 and Policy EQ11. Whilst some residents have raised concerns regarding the use of chimneys on the proposed dwellings and the ridge heights of the properties, the local precedents set out by the applicants clearly show that these are not out of character with the wider village.
5.5.4 Taking together the above, I consider that the proposed design satisfies the requirements of Policy EQ11 of the Core Strategy, Policy SAD9 of the Site Allocations Document and the relevant design criteria of the South Staffordshire Design Guide 2018.
5.6 Open space, trees and landscaping
5.6.1 The design of this open space and landscaping to serve the development is set out in a detailed landscaping scheme, along with required maintenance procedures. The relevant policy requirements are set out in policies EQ1, EQ4, EQ11, EQ12 and HWB2 of the adopted Core Strategy, alongside Policies SAD7, SAD9 and the specific development requirements for the Brewood allocation site within the Site Allocations Document.
5.6.2 Following amendments to the scheme, the applicant has demonstrated that 0.67ha of public open space to serve the development is proposed within the development boundary area of the site, with the adjacent Green Belt land to the north-east of the proposed dwellings also being proposed for public access. Taken together, these two areas of land significantly exceed the required 0.73ha of public open space required to meet the open space standards in Policy SAD7 (providing around 1.12ha of public open space in total) and will accommodate the vast majority of the required open space provision within the residential area of the site. This will allow for the majority of the proposed open space provided to be well surveilled and to provide an attractive setting to the development, ensuring that new open space is well integrated with the development which it will serve.
5.6.3 Whilst Policy SAD7 usually requires schemes of this size to provide a local equipped area of play, a well-equipped play area sits in close proximity to the site south along Engleton Lane. Therefore, in leiu of this provision, the applicants have committed to provide a £30,000 commuted sum towards the provision of facilities on the adjacent sports ground to the south-east. This approach has emerged out of discussions with the Parish Council and reflects the fact that a more centrally-located play space already exists within the village in close proximity to the site. Given that Policy SAD7 states that the recommended policy
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standards “are the starting point for considering open space needs, but ultimately on-site open space provision should be responsive to the individual context of a site”, the scheme’s proposed approach to open space provision is considered to be in accordance with Policy SAD7, taking account of the specific opportunities of this site and its proximity to well established equipped play and sports facilities. The applicant’s draft heads of terms also confirm that appropriate maintenance measures can be put in place for the planned public open space, through use of a management company.
5.6.4 In light of the above, the contribution would be necessary to make the development acceptable in planning terms. Furthermore, given the size of contribution and proximity of these sports facilities to the site, it is considered to directly relate to the development and to be fairly and reasonably related in scale and kind to the development. Given these points and the lack of other section 106 contributions towards this facility, it is considered to meet the tests set out in the Community Infrastructure Levy Regulations.
5.6.5 The Senior Arboricultural Officer and County Ecologist have considered the landscape design and planting species mix, alongside the proposed measures to establish and maintain the proposed open space. The applicants have provided a number of changes requested by both consultees ensuring that the planting within the open space will establish properly, has appropriate locally occurring native species within it, will be served by appropriate maintenance measures and will result in an enhancement in biodiversity across the site as a whole. Equally, the scheme retains key boundary planting along the site’s south-western and south-eastern boundaries, whilst providing defensible landscape buffers along the site’s north-eastern and south-eastern edges, satisfying the site specific requirements for Engleton Lane in the Site Allocations Document, as outlined in Policy SAD9.
5.6.6 Consequentially, I consider that the proposed open space and landscaping to serve the development is in accordance with the relevant Core Strategy and Site Allocation Document policies and would provide an acceptable solution to the open space needs of the future occupants of the site.
5.7 Residential amenity/space about dwellings
5.7.1 Policy EQ9 of the Core Strategy states that all development proposals should take account the amenity of any nearby residents, particularly with regard to privacy, security, noise and disturbance, pollution, odours and daylight. To assist in achieving this aim, Appendix 6 of the Core Strategy sets out a variety of standards which assist in providing sufficient external space around residential dwellings. The proposed scheme has been designed to comfortably exceed the minimum required separation distances from the proposed dwellings to windows on neighbouring dwellings to the south-west of the site, which the site is also separated from by well-established tree planting.
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5.7.2 Within the site itself, the proposed dwellings are generally designed to meet the required space about dwellings standards set out in Appendix 6 of the adopted Core Strategy, although there some instances in which these standards are not fully met. Twelve of the proposed properties have a rear garden depth of approximately 9 – 9.5m, which falls marginally short of the required 10.5m depth, although these properties generally significantly exceed the required minimum garden areas. Equally, three properties (Plots 22, 42 and 63) fall slightly short of the required garden areas of 65 sqm for three bed properties and 100 sqm for four bed properties. However, even these three properties are within 10sqm of the required standards and the extent of the shortfall is not considered to result in an unacceptable living standard for future occupants. Furthermore, none of these minor shortfalls against the required garden sizes would result in facing windows which would fall short of the required separation distances in Appendix 6 of the Core Strategy.
5.7.3 Given that the shortfalls against the Core Strategy Appendix 6 standards are relatively minor, it is not considered that there would be any adverse impacts on the amenity of future residents of the properties or those living in the surrounding area. Therefore, the proposal is in accordance with the requirements of Policy EQ9 of the adopted Core Strategy.
5.8 Other neighbouring uses
5.8.1 Core Policy 14 of the Core Strategy requires that existing sports uses are protected from development and are not displaced by proposed schemes. The proposed site lies directly adjacent to an area of land to the south-east used as cricket and football pitches by local clubs. Consequently, an objection from Sport England was initially received to this application, due to the potential for the adjacent sports uses to attract complaints from occupants of the proposed dwellings, thereby prejudicing the use of these sports pitches. To address these concerns, the applicants have prepared a Ball Strike Assessment, which demonstrates that there is unlikely to be any conflict between the proposed scheme and existing sports use. Consequently, Sport England have withdrawn their objection. Therefore, I consider that the scheme meets the relevant requirements of Core Policy 14 of the Core Strategy.
5.9 Ecology
5.9.1 Policy EQ1 of the Core Strategy sets out the relevant development plan requirements, whilst NPPF paragraph 170(d) requires decisions to minimise impacts on and provide gains for biodiversity. The applicants have provided a wide number of surveys addressing the scheme’s impact on protected species and biodiversity, namely a Phase 1 Preliminary Ecological Appraisal, Newt Survey and Mitigation Strategy, Bat Activity Survey, Badger Survey, Reptile Survey and Construction and Eninvomental Management Plan/Ecological Enhancement Scheme. Wider biodiversity benefits are also being provided through amendments to the proposed landscape scheme to serve the development, following a series of requested amendments from the County Ecologist, which centred around
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enhancing the biodiversity of the public open space/SuDS in the northern end of the application site.
5.9.2 Having considered all of this information and the consultation responses of the County Ecologist, I consider that the scheme will provide significant biodiversity enhancements and will satisfactorily mitigate any impacts on protected species, subject to the measures in the Ecological Enhancement Scheme and submitted landscape schemes being secured via conditions. Consequently, the proposals meet the requirements of Policy EQ1 of the Core Strategy and the tests in paragraph 107(d) of the NPPF.
5.10 Historic Environment
5.10.1 Policy EQ3 of the Core Strategy sets out the relevant requirements. Specifically, it requires that development which may affect a heritage asset is informed by a proportionate assessment of the significance of the asset. Similarly, Policy SAD9 of the Site Allocations Document requires that allocation sites which affect archaeological remains should ensure these are preserved in situ, or where this is not possible they should be recorded and the information be updated on the Historic Environment Record. Equally, concerns have been raised by the Parish Council due to the perceived potential for historic remains to sit within close proximity to the development site.
5.10.2 To satisfy these policy requirements, the applicants have submitted an Archaelogical Desk Based Assessment, which assesses the potential for archaeological remains to be present on the site. Having had sight of this, the County Council’s Historic Environment Team have confirmed that there is no objection to the development on heritage grounds, subject to a Written Scheme of Investigation being secured through planning conditions. Consequently, I consider that the application is informed by a proportionate level of assessment of heritage assets which may be affected by the scheme and that any impacts can be satisfactorily mitigated. Therefore, the application meets the relevant requirements of Policy SAD9 and Policy EQ3.
5.11 Highways/parking
5.11.1 Policy EV12 and Appendix 5 of the Core Strategy set out the relevant requirements for car parking spaces. Namely, 1 car parking space should be provided per self-contained flat, 2 car parking spaces should be provided per two/three bed dwelling and 3 car parking spaces should be provided per four bed dwelling. Although residents have raised concerns regarding the level of car parking provided by the scheme, these standards appear to be met when garage parking spaces are taken into account, and no objection has been received from County Highways on these grounds. To ensure all parking spaces function as such, a condition is proposed to retain all garages within the development as car parking spaces.
5.11.2 The applicants have also produced a Travel Plan and Transport Statement, which concludes that there will be no material impact on the surrounding highway network from
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the proposed development, and that the design of the scheme is compliant with Manual for Streets and the relevant Staffordshire highways design guidance. Residents have raised multiple concerns regarding highways, including inaccuracies in the submitted statements regarding distances to nearby facilities and the numbers of dwellings being proposed, the condition of the surrounding road network and the proposed use of a 40mph gateway to the village. However, the County Highways team have raised no concerns on these grounds and have suggested conditions where appropriate to control the highways impacts of the scheme.
5.11.3 The County Highways officer has previously raised concerns about visibility splays within the proposed scheme, which have been rectified in the latest planning layout, and it has subsequently been confirmed that there is no further objection to the proposed scheme on highways grounds.
5.11.4 Having regard to the above, I consider that the application satisfies the requirements of local and national planning policy with regards to highways impacts and car parking standards.
5.12 Construction traffic
5.12.1 A number of local residents, the Civic Society, Parish Council and local councillors have raised concerns regarding the proposed construction traffic route set out in the amended Construction Environment Management Plan. In summary, these comments reflect local safety concerns the route’s use of narrow country lanes to the north of the site (i.e. Engleton Lane and Ivy House Lane) and the potential for conflict with peak hours traffic. Following a negotiated change to the Construction Environment Management Plan, which requires a banksman to be present on Ivy House Lane during the 8am – 9am period, County Highways have confirmed that there are no outstanding objections to the scheme on highways grounds.
5.12.2 Responding to the extent of opposition to the proposed construction traffic route, the applicants have submitted an additional assessment of alternative construction access roads, including an alternative construction access route which would direct traffic west across agricultural fields from Four Ashes Road. The most up-to-date version of this statement can be found as Appendix 1 to this report.
5.12.3 The assessment demonstrates that this alternative route would likely be undeliverable and would cause adverse ecological and tree impacts resulting from the removal of approximately 94m (in total) hedgerow to facilitate the access road. It also indicates that the landowner/tenant in control of the planning application site would be unable to implement the required vis splay for a highways access, as the significant area of hedgerow to be removed to the south-west of the access onto Four Ashes Road lies on an area outside of the landowner/tenant’s control, in an area currently recorded as
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‘unregistered’ on the land registry. Equally, the assessment sets out that the only other alternative which would avoid the need to use Ivy House Lane would be to direct construction traffic down Four Ashes Road and into the site via Crestwood Park, which would run against the views expressed to the developer by the local community in consultation undertaken prior to the application being submitted.
5.12.4 Having regard to the above, I consider that the applicant’s current proposal to direct construction traffic along Ivy House Lane and Engleton Lane is acceptable in terms of its impacts upon both local highways and the natural environment, and that there are no planning grounds for mandating the alternative route off Four Ashes Road is pursued.
5.13 Drainage
5.13.1 Policy EQ7 of the Core Strategy and Policy SAD9 of the Site Allocations Document set out the relevant requirements. The application provides for sustainable drainage systems to serve the proposed scheme, primarily through the provision of an attenuation basin in the northern corner of the site. Some residents have raised concerns regarding the potential for existing foul drainage issues in the surrounding area to be exacerbated by the proposed scheme. However, having consulted with the Lead Local Flood Authority and Severn Trent Water, there are no objections raised to the proposed drainage strategy, subject to the submission of more detailed foul and surface water drainage designs and maintenance proposals prior to development commencing.
5.13.2 Having regard to the above, I consider that the application satisfies the requirements of Policy EQ7 and Policy SAD9.
5.14 Representations
5.14.1 A number of resident objections and an objection from the Parish Council were received during the course of this application. These related to a number of points, which (where relevant to material planning considerations) have been addressed in the sections above.
5.15 Cannock Chase SAC
5.15.1 Natural England have requested an appropriate assessment by undertaken of the scheme’s impacts on the Cannock Chase SAC, as it lies within the 0-15km zone of influence of the protected site. This has subsequently been completed and agreed with Natural England, who confirm that there is no objection to the scheme on this basis.
5.16 Section 106 agreement/proposed conditions
5.16.1 To support the application, the applicants have submitted a draft heads of terms, indicating measures they are willing to agree to through a Section 106 agreement with the Council. These include provisions to provide the 40% affordable housing (split 50/50
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between Social Rent and Shared Ownership), as required by Policy H2 of the Core Strategy and measures to ensure the longer term maintenance of the proposed open space and SuDS scheme and ongoing public access to the proposed open space on site. Furthermore, the applicants have subsequently confirmed that they are seeking to provide £30,000 towards the improvement and/or provision of sports facilities on the adjacent sports ground, to offset the lack of equipped play facilities on the proposed open space. As no education or transport contributions have been requested by the Highways Authority or School Organisation Team at Staffordshire County Council, these are considered sufficient measures to ensure the scheme can be made acceptable in planning terms. Therefore, these requirements can be met subject to a Section 106 agreement delivering these measures being secured prior to issuing any permission. Equally, all necessary pre-commencement conditions have been agreed with the applicants.
6. CONCLUSIONS
6.1 The application would successfully deliver the required minimum capacity set out in Policy SAD2 of the Site Allocations Document. The proposal to deliver 73 dwellings is above the minimum capacity required on the site by Policy SAD2 (53 dwellings). However, no maximum capacity is set out in the Site Allocations Document and no infrastructure bodies have raised concerns with regards to the level of development proposed by this application. Furthermore, Core Policy 1 emphasises the need to make efficient use of land and the NPPF (para 223) emphasises the need to avoid building homes at low densities. The application would therefore make an important contribution to the delivery of the Council’s Site Allocations Document and to the maintenance of its five year housing land supply. All other detailed design requirements set out in Core Strategy and Site Allocations Document policies are satisfied by the proposal.
6.2 Therefore, for the reasons set out in this report, I recommend this application be APPROVED, subject to the completion of a Section 106 agreement between the applicants and the Council, which should secure 40% of the scheme as affordable housing (split 50/50 between Social Rent and Shared Ownership), measures necessary to provide for the ongoing maintenance of the proposed open space and SuDS for the lifetime of the development, ongoing public access to the proposed onsite open space and an appropriate contribution towards the improvement and/or provision of facilities on the adjacent sports ground.
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7. RECOMMENDATION - Delegate APPROVAL to the Team Manager to issue the decision on completion of a satisfactory Section 106 Agreement. If this has not been achieved by 19th November 2019 this application will be referred back to the Planning Committee
The agent has confirmed their agreement to pre-commencement conditions.
Subject to the following condition(s):
1. The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which this permission is granted.
Reason: The reason for the imposition of these time limits is to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.
2. The development shall be carried out in accordance with the approved drawings:
Dwg. Nos. P18_0797_08L (Site Layout), P18_0797-010_Type A Georgian D, P18_0797- 010_Annex Georgian – D, P18_0797-010_Type B Georgian D, P18_0797-010 Type C Georgian –D, P18_0797-010_Type C VG – D, P18_0797-010_Type CE Georgian – D, P18_0797-010_Type CE VG – D, P18_0797-010_Type D Georgian – D, P18_0797-010_Type D VG – D, P18_0797-010_Type E Georgian – D, P18_0797-010_Type E VG – D, P18_0797_010_Type F Georgian – D, P18_0797_010_Type F VG – D, P18_0797_010_Type G Georgian – D, P18_0797_010_Type H Georgian – D, P18_0797_010_Type J Georgian – D, P18_0797_010_Type J VG – D, P18_0797_010_Type K VG – D, P18_0797_010_Type L Georgian – D, P18_0797_010_Type MN VG – D, P18_0797_17L, P18_0797_18L, P18_0797_19L, P18_0797_20L, P18_0797_21L, P18_0797_24A (all received 18/04/2019); Dwg. Nos. P18-0797_23-D, P18-0797_24-D, P18-0797_25-D, P18-0797_26-D, P18-0797_32- C, P18-0797_33-C, P18-0797_27-A (all received 13/05/2019) and Dwg. Nos. P18-0797_22M and P18-0797_25M (received 28/04/2019)
Reason: In order to define the permission and to avoid doubt.
3. The landscape scheme shown on the approved plans Dwg. Nos. P18-0797_23-D, P18- 0797_24-D, P18-0797_25-D, P18-0797_26-D, P18-0797_32-C, P18-0797_33-C, P18-0797_27- A (received 13/05/2019) and Landscape Management Plan P18-0797 REV B April 2019 (received 18/04/2019) shall be implemented concurrently with the development and completed within 12 months of the completion of the development. The Local Planning authority shall be notified when the scheme has been completed. The planting, hard landscaping (and any other introduced features shown on the approved plans) shall be retained and maintained in accordance with these plans throughout the lifetime of the development. Any plant failures shall be replaced within the next planting season and be of the same species unless a different species is otherwise agreed in writing with the Local Planning Authority.
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Reason: To safeguard the amenity of the area in accordance with policy EQ11 of the adopted Core Strategy.
4. No development shall begin until a detailed surface water drainage design has been submitted to and approved by the Local Planning Authority in consultation with the Lead Local Flood Authority. The design must be in accordance with the overall strategy and key design parameters set out in the Flood Risk Assessment (RPS Reference: AAC5459, Issue 3 – 15 November 2018) and Conceptual Drainage Strategy (Drawing Ref: AAC5459-SK2 Rev B, 26/09/18).
The design must demonstrate: Surface water drainage system(s) designed in accordance with national and local standards, including the non-statutory technical standards for sustainable drainage systems (DEFRA, March 2015). SuDS design to provide adequate water quality treatment, in accordance with the CIRIA SuDS Manual Simple Index Approach and SuDS treatment design criteria. Limiting the discharge rate generated by all rainfall events up to the 100 year plus climate change critical rain storm to 8.3l/s. Detailed design (plans, network details and calculations) in support of any surface water drainage scheme, including details on any attenuation system, and the outfall arrangements. Calculations should demonstrate the performance of the designed system for a range of return periods and storm durations inclusive of the 1 in 1 year, 1 in 30 year, 1 in 100 year and 1 in 100 year plus climate change return periods. Plans illustrating flooded areas and flow paths in the event of exceedance of the drainage system. Site layout and levels should provide safe exceedance routes and adequate access for maintenance. Provision of an acceptable management and maintenance plan for surface water drainage and watercourse to ensure continued performance of the system for the lifetime of the development. This should include a schedule of required maintenance activities and frequencies, and contact details for the organisation responsible for carrying out these duties.
Reason: To reduce the risk of surface water flooding to the development and properties downstream for the lifetime of the development.
5. The development hereby permitted should not commence until drainage plans for the disposal of foul water flows have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.
Reason: To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimize the risk of pollution, in accordance with policy EQ7 of the adopted Core Strategy.
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6. The development shall be carried out in accordance with the submitted Construction Environmental Management Plan/Ecological Enhancement Scheme for Engleton Lane, Brewood March 2019 (received 25/03/2019) and the submitted Construction Environmental Management Plan – Engleton Lane Brewood (received 07/05/2019)
Reason: To ensure that the use of the premises does not detract from the reasonable enjoyment of surrounding residential properties in accordance with policy EQ9 of the adopted Core Strategy and to ensure that the development meets the requirements of Policy EQ1 of the adopted Core Strategy.
7. The permission hereby granted does not grant or imply consent for the installation of any means of lighting on the site. Prior to the erection of the first dwelling, a scheme for the lighting of the site shall be submitted to the Local Planning Authority for approval and the development shall be carried out in accordance with the approved scheme. Additional lighting or alterations to the approved scheme shall not be carried out other than with the written approval of the Local Planning Authority.
Reason: In order to protect any protected species on the site in accordance with EQ1 of the adopted Core Strategy.
8. Prior to the commencement of the development hereby permitted, a written scheme of archaeological investigation (‘the Scheme’) shall be submitted for the written approval of the Local Planning Authority. The Scheme shall provide details of the programme of archaeological works to be carried out within the site, including post-excavation reporting and appropriate publication. The archaeological site work shall thereafter be implemented in full in accordance with the written scheme of archaeological investigation approved under this condition. The development shall not be occupied until the site investigation and post-excavation assessment has been completed in accordance with the written scheme of archaeological investigation approved under this condition and the provision made for analysis, publication and dissemination of the results and archive deposition has been secured.
Reason: In order to preserve and record any items of archaeological interest in accordance with policy EQ3 of the adopted Core Strategy.
9. Prior to commencement of the development an Arboricultural Method Statement should be submitted for the written approval of the local authority. The submitted statement should address the matters outlined in Section 4, page 13, of the submitted Tree Survey and Arboricultural Impact Assessment at Engleton Lane, Brewood November 2018
Reason: To safeguard the amenity of the area in accordance with policy EQ11 of the adopted Core Strategy.
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10. The development hereby permitted shall not be brought into use until the access to the site within the limits of the public highway has been completed.
Reason: In the interest of highway safety. To comply with the principles set out in the National Planning Policy Framework.
11. No dwelling hereby permitted shall not be brought into use until the parking, servicing and turning area serving that dwelling has been provided in accordance with the approved plans.
Reason: In the interest of highway safety. To comply with the principles set out in the National Planning Policy Framework.
12: The development hereby permitted shall not be commenced until the visibility splays shown on drawing No. JNY 9706 04C have been provided. The visibility splays shall thereafter be kept free of all obstructions to visibility over a height of 600 mm above the adjacent carriageway level.
Reason: In the interest of highway safety. To comply with the principles set out in the National Planning Policy Framework.
13: The garages indicated on the approved plan shall be retained for the parking of motor vehicles and cycles. They shall at no time be converted to living accommodation without the prior express permission of the Local Planning Authority.
Reason: In the interest of highway safety. To comply with the principles set out in the National Planning Policy Framework.
14: The development hereby permitted shall not be brought into use until the off-site highway works broadly indicated on drawing No. P18 0797 08L have been constructed.
Reason: In the interest of highway safety. To comply with the principles set out in the National Planning Policy Framework.
15. Bat and bird boxes in accordance with the details set out on pages 22-25 of the Construction Environmental Management Plan/Ecological Enhancement Scheme for Engleton Lane, Brewood March 2019 (received 25/03/2019) shall be implemented concurrently with the development and completed within 12 months of the completion of the development. The bat and bird boxes provided shall be retained and maintained in accordance with these plans throughout the lifetime of the development.
Reason: In order to protect any protected species on the site in accordance with EQ1 of the adopted Core Strategy.
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Proactive Statement - In dealing with the planning application the Local Planning Authority has worked in a positive and proactive manner by agreeing amendments to the application and in accordance with paragraph 38 of the National Planning Policy Framework 2018.
INFORMATIVE 1: Highways Authority - The off site high works shall require a Highway Works Agreement with Staffordshire County Council. The applicant is requested to contact Staffordshire County Council in order to secure the Agreement. The link below is to the Highway Works Information Pack including an application Form. Please complete and send to the address indicated on the application Form or email to ([email protected]). The applicant is advised to begin this process well in advance of any works taking place in order to meet any potential timescales. https://www.staffordshire.gov.uk/transport/staffshighways/highwayscontrol/HighwaysWor kAgreements.aspx ii. This consent will require approval under Section 7 of the Staffordshire Act 1983 and will require a Section 38 of the Highways Act 1980. Please contact Staffordshire County Council to ensure that approvals and agreements are secured before commencement of works.
INFORMATIVE 2: Crime Prevention Design Advisor - In order to prevent crime and reduce the fear of crime I recommend that this development attains Police Secured by Design (SBD) accreditation – it could easily do so. There is no charge for my advice or for the Secured by Design award, and once awarded the Police SBD logo can be used on advertising material.
Research shows that adopting SBD can reduce burglary by 50%, car crime and criminal damage by 25%, therefore the carbon costs of replacing door-sets and windows on SBD developments as a result of criminal activity is more than 50% less than on non SBD developments, the cost of installing SBD approved products equals 0.2% of the total build cost.
One of the most revealing elements of research into SBD is how much ‘safer’ residents feel if they occupy a dwelling on an accredited development, even if they are not aware of the award status. There are few other initiatives which can deliver a measurable reduction in fear like this.
SBD supports one of the Government's key planning objectives - the creation of safe, secure, quality places where people wish to live and work. SBD applies quality standards to a range of security measures and should be seen as a positive marketing opportunity.
SBD can contribute towards BREEAM assessments.
Entrance to the Development
I recommend that a rumble strip, change of road surface or brick pillars be incorporated at the road entrance of the site in order to create a symbolic barrier; this gives the impression
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that the area beyond the 'barrier' is private to the community. Footpaths into the development should be wide, clear of hiding places, well lit, and follow a direct route.
Landscaping
All shrubs and hedges specified adjacent buildings should have a maximum growth height of 1 metre, whilst all tree branches should be pruned up to a minimum height of 2.5 metres, thereby maintaining a clear field of vision around the site.
Trees when mature shouldn’t mask lighting columns or become climbing aids to scale boundary treatments.
Lighting
External areas should offer Uniformity Values between 0.25 and 0.40, using lamps with a rating of at least 60 on the colour rendering index, and meet the relevant levels as recommended by BS5489:2013.
It should be noted that ‘bollard lighting is not compliant with BS5489:2013 because it does not project sufficient light at the right height and distorts the available light due to the ‘up- lighting’ effect; making it difficult to recognise facial features and as a result causes an increase in the fear of crime’ Secured by Design Homes 2016 version 1; February 2016 pp 24, Para 18.3.
Good lighting design promotes the feeling safety in the environment and reduce the fear of crime.
The lighting scheme should work with landscaping measures to mitigate the effects of seasonal variations, both lighting and landscaping schemes should be well maintained as part of a maintenance schedule.
POS
Play areas are vulnerable to crime and being damaged, the result of this abuse is that the investment in a play area, its use, and contribution to the quality of life in the community can be seriously eroded. Play areas must be overlooked by adjacent dwellings and landscaping maintained at a low level to enhance natural surveillance and increase child safety.
An evaluation of the needs of the community should be addressed prior to implementation of this area and it is important when carrying out a post implementation evaluation of crime or anti-social behaviour (ASB) of this facility to separate incidents around the play area i.e. roads, parking areas, drinking in the street, dwelling frontages, etc. from those which actually occur within it, part of any ASB evaluation should include how many perceived ASB incidents are attributed to estate families and incidents attributed to non-resident families.
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I use the word “perceived” because when a play area is being used to play or otherwise engage a young person this usually generates a certain amount of noise, this by itself is not anti-social – its noise.
The following recommendations highlight design and management features which need to be included in the planning of the proposed play area, its design and construction which will help to block the opportunity for crime and anti-social behaviour.
Community Planning;
Be able to show clear intended use related to age group, this should be considered relative to other local play facilities or youth clubs for other age groups within the community – it is important in avoiding potential abuse that all age groups are recognised with appropriate facilities included in a positive way. Provide adequate space for the proposed activity within the play area complete with a buffer zone between the activity and adjacent dwellings or other occupied buildings. Relate intended playing area use to immediate infrastructure e.g. allow adequate road, cycle/footpath access and secure parking or cycle storage nearby. Locate the play area for young and very young children within the protection of the built community to ensure good natural surveillance and supervision. Ensure that ownership and management of the proposed facility is in place with adequate resource available for maintenance and any improvements should they be required.
Play Area Design;
Boundaries should be clearly defined with features to prevent unauthorised motor vehicle/cycle access. Boundary fences and landscaping should allow natural surveillance across the play area from public areas, roads and footpaths. Lighting should be appropriate to facilitate natural surveillance at night and reduce fear of crime. Public rights of way through the play area should be discouraged. There should be controlled informal access to the play area to prevent dog fouling and littering from public areas. Gable ends of houses overlooking grassed areas = football goal! Consider planting thorny plants in front of the wall in such cases. No structure or landscape features should compromise boundary security providing points to climb over the perimeter fence. Areas used for “adventure play” should have clear natural surveillance without potential “hiding” places or places for litter to collect.
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Additional security measures necessary to address particular crime problems in the surrounding area. Consider the design of a youth shelter to avoid gathering in adjacent streets rear parking courts etc.
Management
Regular maintenance routines should be “designed in” to prevent the facility becoming un-usable. The facility should be regularly monitored and the community involved in any potential expansion. Crime and anti-social behaviour patterns recorded and any appropriate action considered. Any improvements or changes to prevent crime and encourage use should involve community consultation.
Dwelling Boundaries
All rear gardens should be secured with a robust fence or wall, without footholds, to a minimum height of either 2000mm or 1800mm with trellis. The rails of any timber fence should face the garden to prevent climbing access, the topography of the land should be taken into account when installation takes place to ensure that the height of the fence is maintained.
Timber fencing panels should be secured to the fence posts to prevent offenders lifting them to gain access to adjacent gardens.
An 1800mm high gate, with anti-lift hinges and a lock, should be erected as close to the front elevation as possible of dwellings; this removes a narrow, dark, alley between dwellings in which an offender can hide and helps prevent unauthorized persons gaining access to the rear of properties where most burglaries take place.
“Smart” utility meters should be installed to prevent bogus caller sneak-in burglaries.
Doors
The minimum Association of British Insurers (ABI) and Police door security standard is that doors should be manufactured to a design that has been shown to meet the security requirements of PAS 24:2016 or designed and manufactured in accordance with Appendix B, Doc Q building Regs 2015
Door-sets satisfying other standards that provide similar or better performance are also acceptable, these standards include;
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STS 201 Issue 4:2013 or: LPS 1175 Issue 7.2 2010 Security Rating 2 or: STS 202 Issue 3 2011 Burglary Rating 2 or: LPS 2081 Issue 1 2015 Security Rating B
Letter plates, where provided, should have a maximum aperture of 260mm x 40mm. and incorporate a flap designed to hinder attempts to remove keys with sticks or rods and/or to restrict hand or arm entry.
Note; Letter plates meeting the requirements of the Door and Hardware Federation’s (DHF’s) technical specification TS008:2012 have been shown to protect against attacks mentioned above.
Door Limitation and caller identification
The main doors for entering a dwelling (usually the front door) should have a door viewer unless other means exist to see callers, such as clear glass within the door or a window next to the door-set. The same door-set should also have a door chain or door limiter installed.
Door-sets shall also be certificated to the following relevant material specific standards:
BS 7412:2007 (PVC-U) BS 4873:2016 (Aluminium) BS 6510:2010 (Steel) BS 644:2012 (Timber) BS 8529: 2010 (Composite)
Doors should be secured with the relevant lock type:
BS 3621: 2011 thief resistant mortise lock. BS 8621:2011 thief resistant mortise lock with keyless egress BS 10621:2011 as above but with keyless external deadlock BS EN 1303:2005 Minimum standard for cylinder locks LPS 1242 Issue 1.2 2005 Cylinder lock requirements DHFTS 621:2011 Electro-mechanical lock.
If glazed panels/windows adjacent to doors are installed as an integral part of the door frame then they must be shown to be part of the manufacturer’s certificated range of door sets. Alternatively, where they are manufactured separately from the door frame, they must be certificated to:
PAS 24:2016, or STS 204 Issue 3:2012, or LPS 2081 Issue 1:2014
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Door frames should be mechanically fixed to the structure of the building in accordance with the manufacturer’s installation instructions.
Lightweight framed walls should incorporate a resilient layer to reduce the risk of anyone breaking through the wall and accessing the locking system, the resilient layer should be timber sheathing at least 9mm thick, expanded metal or a similar resilient material the full height of the door and 600mm either side of the door.
A third party test pass certificate will be required to certify the doors meet SBD requirements.
Garages
External pedestrian access doors must meet the same physical, locking and fixing specification, as perimeter doors above, the vehicle access door sets must be certificated to one of the following standards;
LPS 1175 Issue 7:2010 Security Rating , or STS 202 Issue 3:2011 Burglary Rating 1
Alternatively a vehicle access door that is not certificated to one of the above standards may be deemed satisfactory if an external ‘garage door defender’ type security product is also fitted. Such products must be certificated to Sold Secure Bronze level or above.
Where access to the dwelling can be gained via an interconnecting door-set from a garage then either the garage door-set or the interconnecting door set should be a secure door set.
Vehicular garage door-sets demonstrating compliance with the police ‘Secured by Design’ initiative will also meet the provisions of Doc Q Building Regs 1025
Windows
The minimum Association of British Insurers (ABI) and Police window security standard is that ground floor and other easily accessible windows (including easily accessible roof lights) windows should be secure windows in accordance with paragraphs 2.2 -2.3, Doc Q Building Regs 2015.
(Easily accessible – A window that is within 2m vertically of an accessible level surface such as ground/basement level or access balcony, or a window within 2m of a flat or sloping roof with a pitch of less than 45⁰ that is within 3.5m of ground level).
Windows should be made to a design which has been shown by test to meet the requirements of British Standards Publication PAS 24:2016.
Note: windows demonstrating compliance with the police ‘Secured by Design’ initiative will also meet the provisions of this Approved Document.
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Windows satisfying other standards that provide similar or better performance are also acceptable, these standards include;
STS 204 Issue 3: 2012, or LPS 1175 Issue 7:2010 Security Rating 1, or LPS 2081 Issue 1:2015 Security Rating A
Windows must also be fit for purpose and shall be certificated to the relevant material standard i.e.:
BS EN14351 BS 4873: 2004 (Aluminium) BS 7412: 2007 (PVC-U) BS 644: 2003 (Timber) BS 6510: 2005 (Steel)
Installation and fixing of secure windows
Frames should be mechanically fixed to the structure of the building in accordance with the manufacturer’s installation instructions. (Secure window – A window proven to resist criminal attack or a bespoke window incorporating proven crime reduction construction features).
A third party test pass certificate will be required to certify the windows meet SBD requirements.
Party Wall Construction & Sound Insulation
All party walls will resist intrusion with the components, such as:
Timber sheathing, minimum 9mm thick ; or Expanded metal
The following ‘Robust Details’ are acceptable:
E-WT-2 (timber wall construction) E-WT-3 (light steel construction) E-WT-20 (masonry wall construction)
Alternatively walls meeting the following standards are also acceptable:
LPS 1175 Issue 7:2010 Security Rating 1, or STS 202 Issue 3:2011 Burglary Rating 1
Loft hatches in communal areas must be secured with products certified to:
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Sold Secure ‘Silver’, or LPS 1654 Issue 1:2013 SR, installed in accordance to the manufacturer’s instructions.
Intruder Alarms
A 13 amp non switched fused spur, suitable for an alarm system, should be installed within each dwelling. If the full alarm system is installed it shall comply with one of the following standards:
BS EN 50131 & PD6662 (wired system) BS 6799 (wire free system)
All installations should be in accordance with the current regulations for electrical installations.
Further information on Secured by Design and accredited security products can be found at www.securedbydesign.com and www.soldsecure.com
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Land At, Engleton Lane, Brewood
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Appendix 1
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19/00248/FUL CODSALL MAJOR Councillor J Michell Councillor R Spencer
Land At Shop Lane Oaken South Staffordshire
Construction of 5 houses and 5 bungalows
1. SITE DESCRIPTION AND PLANNING HISTORY
1.1 Site Description
1.1.1 The site extends to approximately 0.43ha in size and sits on the western edge of Oaken village, adjacent to that village's development boundary. It sits immediately north of Shop Lane as it runs outside of the village and is currently an un-managed field, bordered on all sides by a mixture of post-style fencing, hedge planting and the close-boarded fences of neighbouring residential properties.
1.1.2 The site is bounded to the east by residential properties along Shop Lane and Manor Fold, which present their side elevations to the site. To the north of the site lies a large detached bungalow (5 Manor Fold), with the rear elevation of this property facing towards the application site. To the northwest of the site lie a number of glass houses associated with a traditional nursery use, whilst a large detached property (Coachman's Croft) lies to the south-west of the site, from which it is separated by a large area of tree and hedge planting. To the south, the site is bounded by the road of Shop Lane, beyond which lie further residential properties.
1.1.3 The site lies within the Green Belt and is directly adjacent to the Oaken development boundary on its northern and eastern sides. It is also directly adjacent to the Codsall and Oaken conservation area on its eastern boundary.
1.2 Relevant Planning History
2004 - 9 dwellinghouses. Refused [04/00711/FUL]
1.3 Pre-application Advice
1.3.1 Pre-application discussions have taken place.
2. APPLICATION DETAILS
2.1 The Proposal
2.1.1 The application proposes the construction of 10 residential properties on the site, which will be made up of a mixture of semi-detached and detached dwellings. The application proposes 1 three bedroom house, 5 two bedroom properties
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(including a mixture of bungalows and houses) and 4 one bedroom bungalows. The application also proposes the construction of an associated residential road, which will access the site from Shop Lane to the south, and associated drainage measures to serve the development.
2.1.2 The scheme is intended to be delivered as a rural exception site under the terms of Policy H3 of the Core Strategy. Therefore, all proposed dwellings are to be provided as affordable dwellings, with an equal split between social rented and shared ownership properties. These properties are intended to be provided as affordable homes for local people in perpetuity, as confirmed by the applicant's draft s106 agreement.
2.2 Applicant's Submission
2.2.1 The following supporting documents have been submitted in addition to the proposed plans: 2.2.2 Housing Need Survey: - This survey was commissioned by the Parish Council in 2017 and was undertaken by a Rural Housing Enabler - The survey methodology reflected the available national good practice guides for housing needs surveys and its results were based on 564 questionnaires returned from a Parish-wide survey - Across the whole parish, the survey identified a need for 44 housing association homes for local people - All of the households identified as being in need had a strong local connection to the Parish - In considering potential sites, the survey recommends that regard is had to the split of areas those in need would prefer to live within the survey (21% of respondents expressed a desire to live in Oaken)
2.2.3 Additional housing needs evidence: - Following further correspondence with the Housing Strategy officer, the housing association have confirmed that there are currently 12 applications for 1 bedroom bungalows within the Parish of Codsall - The applicants have also provided an additional 'Supplementary Report to the Codsall Housing Needs Survey Report' document originally provided to the Parish Council in 2017 - This supplementary report confirms that of the 44 affordable dwelling need identified in the Housing Needs Survey, up to 13 dwellings within this overall need figure could be prioritised for the over 60s - The supplementary report also recommends that an equal split between over 60's dwellings and general affordable dwellings on the Shop Lane, Oaken site may best respond to the needs of the Parish
2.2.4 Additional consultation evidence The applicant has submitted additional correspondence and Codsall Parish Council minutes from 25/10/17 and 28/02/2018, summarising consultation undertaken with
Page 70 of 120 Patrick Walker: Senior Planning Officer - Planning Committee 20th August 2019 both the Parish Council and general public in relation to the site. In summary, the applicant undertook the following actions: - Attendance of Codsall Parish Council meeting on 26/10/2016, where the Parish Council agreed to the Housing Needs Survey being undertaken - Attendance of Codsall Parish Council meeting on 25/10/2017, where the findings of the Housing Needs Survey were presented to the Parish Council (including the overall need for 44 affordable dwellings for local people within the Parish) and a sketch layout for the Shop Lane, Oaken site was presented. Concerns were raised by the Parish Council with regards to the site accommodating elderly residents given its location. - Following the Parish Council's concerns, the applicant commissioned a supplementary report from the Rural Housing Enabler, identifying that 13 of the 44 dwelling need within the Parish was for elderly residents, which was subsequently supplied to the Parish Council - Attendance of Codsall Parish Council meeting on 28/02/2018, where the Parish Council agreed that the Shop Lane site should be proposed for 12 affordable dwellings - Public consultation event regarding the proposal at Codsall Village Hall (22/02/2019) - Public consultation event regarding the proposal at Codsall Parish Council chambers (27/03/2019)
2.2.5 Design and Access Statement - The properties have been designed in a traditional style incorporating brickwork and render to walls and pitched concrete interlocking tiles to the roof
2.2.6 Arboricultural Survey - Concludes there is a Category A tree adjacent to the site's western boundary (T1- Beech), which will be retained as part of the proposed layout
2.2.7 Preliminary Ecological Appraisal - Concluded no evidence of protected species on site and that most of site is 'low' ecological value, with some 'moderate' value assets to be retained (on-site tree and hedges)
2.2.8 Ground Investigation report - concluded very few sources of contamination and nothing which requires additional remediation measures - no specific protection measures required for risks arising from gases - due to presence of granular soils with clay-like properties and potential of shallow groundwater, the site is deemed unsuitable for the reliable adoption of soakaways
2.2.9 Other submitted supporting information statements include a draft section 106 agreement, Landscape Schedule, Drainage Strategy, Operation and Maintenance Plan and Datum Survey.
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3. POLICY CONTEXT
3.1 The site lies within Green Belt land adjacent to the development boundary of Oaken, as defined through the Council's Site Allocations Document (2018).
3.2 Core Strategy 2012 National Policy 1 - The Presumption in Favour of Sustainable Development Core Policy 1 - The Spatial Strategy for South Staffordshire Core Policy 2 - Protecting and Enhancing the Natural and Historic Environment Core Policy 6 - Housing Delivery Policy GB1 - Development in the Green Belt Policy EQ1 - Protecting, Enhancing and Expanding Natural Assets Policy EQ3 - Conservation, Preservation and Protection of Heritage Assets Policy EQ4 - Protecting and Enhancing the Character and Appearance of the Landscape Core Policy 3 - Sustainable Development and Climate Change Policy EQ7 - Water Quality Policy EQ9 - Protecting Residential Amenity Core Policy 4 - Promoting High Quality Design Policy EQ11 - Wider Design Considerations Policy EQ12 - Landscaping Core Policy 5 - Infrastructure Delivery Policy EQ13 - Development Contributions Core Policy 6 - Housing Delivery Policy H1 - Achieving a Balanced Housing Market Policy H2 - Provision of Affordable Housing Policy H3 - Affordable Housing - Rural Exception Sites Policy H4 - Delivering Affordable Housing Policy H5 - Specialist Housing Accommodation Core Policy 11 - Sustainable Transport Policy EV12 - Parking Provision Core Policy 13 - Community Safety Policy CS1 - Designing Out Crime Core Policy 14 - Open Space, Sport and Recreation Policy HWB1 - Protection of Open Space, Sport and Recreation Facilities Policy HWB2 - Green Infrastructure Core Policy 15 - Children and Young People 3.3 Site Allocations Document 2018 Policy SAD7 - Open Space Standards Policy SAD9 - Key Development Requirements 3.4 National Planning Policy Framework 2019 Section 2 - Achieving sustainable development Section 4 - Decision-making Section 5 - Delivering sufficient supply of homes Section 8 - Promoting healthy and safe communities Section 11 - Making effective use of land Section 12 - Achieving well-designed places Section 13 - Protecting Green Belt land
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Section 15 - Conserving and enhancing the natural environment Section 16 - Conserving and enhancing the historic environment
3.3 National Planning Policy Framework
4. CONSULTATION RESPONSES
Codsall Parish Council (received 25.04.2019) Recommend refusal on the grounds that there is a lack of suitable infrastructure to serve the scheme, it is on Green Belt land, there are concerns over the validity of the Housing Needs Survey and risk of flooding or creation of flood risk.
Local Plans/Housing Strategy (received 06.05.2019) comments confirmed that the principle of small rural exception sites for 100 percent affordable housing to meet identified local needs will be supported where the relevant criteria are met. The housing needs survey clearly demonstrates a local need for affordable housing in the parish - for both social rented and shared ownership properties. The mix of property sizes provided is supported, following the applicant's provision of further evidence to show a need for 1 bedroom bungalows as part of the housing mix. This application is therefore strongly supported by strategic housing
Trees (received 08/05/2019 and 21/05/2019) comments confirm no objections to the application. Amendments were requested to the submitted landscape scheme to ensure the replacement native hedge on each side extends into the site on each side of the road as far as the entrance drives to the first properties and that protective fencing is erected around trees identified in the Tree Heritage report and plan.
Conservation Officer (received 30/04/2019) comments confirm proposal will form a logical continuation of the built form of the settlement and that there may be less than substantial harm to the setting of the conservation area, however, this will need to be balanced up against public benefits of the development.
School Organisation Team (received 12/04/2019) The development is scheduled to provide 10 affordable dwellings and also includes demolition of existing buildings. This would mean that the net number of dwellings being delivered is under County Education's site threshold when calculating education contributions. Therefore, County Education are not requesting an education contribution for this application.
County Highways (received 26/04/2019) There are no objections on Highway grounds to the proposed development subject to conditions
Lead Local Flood Authority (latest comments received 02/08/2019) Confirms that the development can be made acceptable in drainage terms by incorporating a number of design measures agreed with the applicants in a drainage scheme, which is secured by condition. Acknowledge that applicants can evidence that their drainage strategy has considered all alternatives before resorting to discharging surface water into the foul system.
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Historic Environment Officer Archaeology (received 29/04/2019) Acknowledges no designated or undesignated heritage assets within the site. Highlights scheme's location adjacent to the Codsall and Oaken Conservation Area and advises this is considered further by South Staffordshire County Council's Conservation Advisor. Requests a condition to secure the recording of potential archaeological heritage assets.
County Planning (received 09/04/2019) No comments
Conservation Officer (received 30/04/2019) comments confirm proposal will form a logical continuation of the built form of the settlement and that there may be less than substantial harm to the setting of the conservation area, however, this will need to be balanced up against public benefits of the development.
County Ecologist (received 23/04/2019) No objections subject to conditions providing ecological mitigation measures, bat and bird boxes and an appropriate external lighting design.
Crime Prevention Design Advisor (received 11/04/2019) Offered standing advice
Badger Conservation Group (27/04/2019) No comments
Natural England (received 15/04/2019) No comments
Environment Agency (received 16/04/2019) No comments
Ramblers Association (received 29/04/2019) No objections as the proposal will not affect the adjacent long distance footpath
No comments were received and the consultation expired on 30/04/2019 for local Councillors, Staffordshire Fire And Rescue Service, Campaign to Protect Rural England, Open Spaces Society, Cadent Gas Limited (formerly National Grid), Highways England, Environmental Health and Development And Waste Management Unit.
Neighbours- x35 objections received (23/04/2019 - 06/05/2019), which in summary raise the following points; - No meaningful consultation undertaken; doesn't comply with rural exception site requirements provided on Council's website - Scheme is not supported by Parish Council, which is a minimum requirement of rural exception sites policies - Housing need is that of wider Parish, not Oaken - Why has a detailed survey of Oaken specifically not been undertaken (rather than wider Parish)? - 680 households on housing register, only 67 living within the Parish and only 7 have a preference for Oaken; 10 dwellings is disproportionate
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- Only 67 households on the housing register in the Parish list Codsall or Oaken as a preference, with only 7 specifying Oaken as a preference. Only 47% of housing needs survey respondents demonstrated an affordable need, therefore only 3-4 affordable dwellings should be provided in Oaken, which is substantially below the 10 dwellings proposed - Oaken is a Tier 5 settlement in 2018 Local Plan Review Issues and Options; poorest access to services and facilities - no shops, schools, medical facilities or footpaths to Codsall, leading to increased risks of rural isolation and increased reliance on private car transport - Core Strategy acknowledges that OVH are not suitable locations for development, because of the limited services available (para 6.9) - Lack of any services and facilities means that it cannot meet the Policy H3 requirement for the site to be considered suitable by virtue of its size and scale in relation to an existing village and its services, and its proximity to public transport links and key infrastructure and services; evidenced by other RES proposals being delivered in Local Service Villages with shops, schools and public transport access - No local community centre allowing residents to meet and socialise - No footpaths or street lighting linking Oaken to Codsall - Oaken already has 12 Social Rented houses, with another 4 approved - 19% of existing housing stock; a further 10 would take this to 28% - three times national average - Additional housing allocations have already been made elsewhere within the Parish (in Codsall) - Council could attach local connection criteria to these developments instead - Site Allocations Document identified no additional need for allocations in Oaken - Scheme would result in a dramatic increase in traffic movements through village, and there are already accidents on the junctions with the A41 - site access is also taken from narrowest points on Shop Lane - Vehicles travel at excessive speed along Shop Lane, 60mph vis splays would be required - what is proposed is not appropriate - Large vehicles already travel up the road and there are significant potholes along Shop Lane; not suitable for further development - Raise concerns that there are covenants on land - Site is contrary to Green Belt policy - Site would result in sprawling development that would have the character of the village, contrary to recommendations of Parish Needs Survey and South Staffordshire Design - Site provides a green buffer between houses which adds to rural village appearance of Oaken - Site would be better suited to lower density private residential dwellings, as occupiers will be better able to cope with limited infrastructure and amenities - Site is overdeveloped and doesn't reflect plot sizes of Oaken - Concerns regarding development overlooking dwellings opposite along Shop Lane - Concerns regarding wildlife which roost in trees between the site and adjacent glasshouses
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Site notice (expired 03.05.2019)
Advert (expired 15.05.2019)
5. APPRAISAL
5.1 The application has been called in to Planning Committee by the chair of Planning Committee.
5.2 Key Issues - Principle of Development - Rural exception site policy requirements - Affordable Housing/Housing Mix - Design, character and heritage - Residential amenity/internal and external space about dwellings - Open space - Ecology, trees and landscaping - Flood risk/drainage - Highways/parking - Representations - Section 106 agreement
5.3 Principle of Development
5.3.1 The application site sits within the Green Belt adjacent to the development boundary of Oaken on its northern and eastern boundaries. Policy GB1 of the Core Strategy indicates that new buildings may be allowed in the Green Belt where they are for affordable housing and there is a proven local need. Policy H3 of the Core Strategy allows for rural exception sites for 100% affordable housing to be delivered in Green Belt locations where a number of specified criteria are met (see 5.4 of this report for further discussion on this point). These policies are supported by the relevant provisions of the 2019 National Planning Policy Framework (NPPF), which allows for "limited affordable housing for local community needs under policies set out in the development plan (including policies for rural exception sites)" at paragraph 145 (f). Therefore, whilst some local residents have stated the proposal is contrary to Green Belt policy, there is clearly scope for rural exception sites to be permitted under Policy GB1 of the Core Strategy.
5.3.2 Oaken is classified as a 'Other Village and Hamlet' in the Core Strategy's settlement hierarchy. Core Policy 1 of the Core Strategy does indicate that such settlements are not identified for growth, with paragraph 6.9 of the Core Strategy recognising that this reflects the lack of services and facilities in such settlements. However, Core Policy 1 also indicates that 'Other Villages and Hamlets' can accommodate rural affordable housing schemes provided through rural exception sites.
5.3.3 In summary, the site sits within the Green Belt adjacent to the development boundary of a settlement identified as an 'Other Village and Hamlet' in the Council's
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Core Strategy. Therefore, provided that the application can meet the more detailed policy requirements of the Council's rural exception sites policy (Policy H3 of the Core Strategy), the principle of the development is acceptable in this location.
5.4 Rural exception site policy requirements
5.4.1 Policy H3 of the Core Strategy sets out specific criteria (listed as criteria (a) - (e)) within the policy) which, if they are met, will mean Green Belt rural exception sites for 100% affordable housing will be supported. These criteria require that:
(a) the site lies immediately adjacent to the existing village development boundary;
(b) a housing need has been identified in the parish, or in one or more of the adjacent parishes for the type and scale of development proposed;
(c) the proposed development is considered suitable by virtue of its size and scale in relation to an existing village and its services, and its proximity to public transport links and key infrastructure and services;
(d) the initial and subsequent occupancy is controlled through planning conditions and legal agreements as appropriate to ensure that the accommodation remains available in perpetuity to local people in need of affordable housing;
(e) the development is in accordance with design principles set out in the adopted Village Design Guide Supplementary Planning Document (or subsequent revisions) or other local design documents, and respects the scale, character and local distinctiveness of its surroundings.
5.4.2 With respect to criteria (a) and (d), the scheme is adjacent to the development boundary of Oaken, and the draft section 106 agreement submitted by the applicant confirms their willingness to ensure the dwellings remain available in perpetuity to local people in need of affordable housing.
5.4.3 Criteria (b) of Policy H3 requires rural exception sites to be supported by a housing need which has been identified in the parish, or in one of more of the adjacent parishes for the type and scale of development proposed. Whilst not explicitly part of criteria (b), the supporting text of the policy indicates that this is likely to require a robust Parish Needs Survey to be prepared. The supporting text also makes reference to the housing association commissioning a Rural Housing Enabler to work with Parish Councils to help identify local need, to ensure the findings of a survey are specific to a particular Parish.
5.4.4 The application has been accompanied by a Parish Needs Survey, prepared by a Rural Housing Enabler and commissioned by Codsall Parish Council, which surveyed all households across the Parish and received over 500 responses from local households. The survey indicates it was carried out in-line with best practice
Page 77 of 120 Patrick Walker: Senior Planning Officer - Planning Committee 20th August 2019 guidance and the Council's Policy H3 requirements. It concludes that there is a need for 44 affordable homes to be provided for local people within the Parish, with all of these households having a strong local connection. Submitted Parish Council minutes indicate that the findings of the Parish Needs Survey were reported to Codsall Parish Council in October 2017. This led to the Parish Council requesting further information from the Rural Housing Enabler regarding the scale of elderly persons needs within the Parish. This was subsequently provided in the form of a supplementary report to the Parish Council, which showed that, of the 44 households in need, 13 of these were in need of accommodation for elderly residents (e.g. bungalows). Subsequently, in February 2018, the Parish Council agreed to the principle of 12 dwellings being accommodated in Oaken on the application site.
5.4.5 The Parish Council's comments on this planning application indicate that they now consider the methodology of the survey to be flawed, although no substantive reasons are given for this view. Local residents also question the validity of the survey, highlighting points including that there are only 7 households in need on the housing register who specify a preference for Oaken and that the housing need is that of the wider Parish, not Oaken. However, the housing register only represents the number of residents who have requested to be added to the register, rather than being a comprehensive assessment of housing need, hence the need for a Parish Needs Survey to further examine the scale of local needs. Furthermore Policy H3 specifically indicates that need should be assessed at a Parish level, which is consistent with this survey. Equally, the Housing Needs Survey indicates that 21% of those surveyed had a preference to live in Oaken, with the Rural Housing Enabler recommending that this is reflected in considering locations where this need may be met.
5.4.6 Having had sight of the information submitted by the applicants and having attended the relevant Parish Council meetings with the Rural Housing Enabler, the Council's Senior Housing Strategy Officer has confirmed that the Parish Needs Survey is robust. Furthermore, it is clear that the survey was commissioned by the Parish Council and has been informed by discussions with the Parish Council, as set out in paragraph 5.4.4. Therefore, despite the local opposition to the findings of the survey and the Parish Council's more recent change of position, the Housing Needs Survey and additional submitted evidence fully complies with the requirements of criteria (b) of Policy H3.
5.4.7 Criteria (c) of Policy H3 requires that rural exception sites are suitable by virtue of their size and scale in relation to an existing village and its services, and sites' proximity to public transport links and key infrastructure and services. The proposal sits adjacent to the settlement of Oaken, which contains none of the services or facilities typical of the District's larger villages, such as shops, education facilities or public transport links. Whilst the site is within a mile's walk of Codsall train station and village centre along a 30mph road (Hollybush Lane), this involves a stretch of approximately 200m where there is no footpath or street lighting. Therefore, particularly in winter months, it is likely that residents of the site will be particularly dependent on private car transport to meet their day-to-day needs, and this point
Page 78 of 120 Patrick Walker: Senior Planning Officer - Planning Committee 20th August 2019 has been reflected in many local residents' objections. This situation is also reflected in the Council's latest Rural Services and Facilities Audit 2018, which identifies Oaken as sitting within the lowest tier of the settlement hierarchy, due to its relative lack of services and facilities.
5.4.8 Despite this lack of services and facilities within Oaken itself, 21% of those surveyed expressed a preference to live in Oaken, which the Rural Housing Enabler indicates should be reflected when seeking sites to meet the 44 dwelling need identified in the Housing Needs Survey. It is therefore important to note that this scheme of 10 dwellings would satisfy 22.7% of the overall need for 44 dwellings with local connection criteria within the Parish, indicating that the scheme is broadly proportionate to the settlement's needs having regard to the available evidence in the Housing Needs Survey.
5.4.9 Additionally, the settlement's lack of basic facilities is a general characteristic of Other Villages and Hamlets (such as Oaken), as set out in paragraph 6.9 of the Core Strategy. Nonetheless Core Policy 1 of the Core Strategy indicates that there is still in-principle policy support for Other Villages and Hamlets to accommodate rural exception sites. Therefore, despite many local objections regarding the lack of services and facilities in Oaken, it is clear that the proposal is of a size and scale proportionate to Oaken and its role as an Other Village and Hamlet in Core Policy 1 of the Core Strategy. Consequently, the proposal satisfies Criteria (c) of Policy H3.
5.4.9 Finally, with regards to criteria (e), the proposal is considered to respect the scale character and local distinctiveness of its surroundings, for the reasons set out in section 5.6 of this report. Therefore, in conclusion, the scheme fully satisfies all required criteria set out in the Council's rural exception site policy (Policy H3) of the Core Strategy, and is consistent with the type of housing growth deemed permissible in Oaken within Core Policy 1 of the Core Strategy.
5.5 Affordable housing/housing mix
5.5.1 Policy H1 of the Core Strategy requires that proposals should provide for a mix of housing sizes, types and tenures, including within affordable schemes, with particular focus on meeting the needs of an ageing population. Equally, the Housing Needs Survey indicates that the local need is for mostly 2 bed homes, due to the dominance of 3 and 4 bed properties in the Parish and the limited opportunities for young people to remain in the Parish. Additional information submitted by the applicant at the request of the Council's Senior Housing Strategy Officer also indicates a substantial need within the wider Parish for 1 bedroom dwellings and elderly person's accommodation.
5.5.2 Reflecting the above information, the submitted scheme proposes to deliver 5 social rented units and 5 shared ownership units. The bedroom mix comprises of 4 one bedroom bungalows, 5 two bedroom properties (including a bungalow) and 1 three bedroom property.
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5.5.3 Local residents have raised concerns regarding the level of social rented properties proposed, highlighting the number of social rented houses already permitted in Oaken, and that (in their view) the proposed dwellings would mean that the number of social rented properties in Oaken would be three times the national average, although this incorrectly assumes that all 10 proposed dwellings are social rented properties. However, the Senior Housing Strategy Officer has raised no concerns regarding the integration of the proposed affordable dwellings within the wider dwelling stock of Oaken and the amount of social rented properties and shared ownership properties proposed is consistent with the Housing Needs Survey. Residents have also raised concerns regarding the ability of the proposed dwellings' occupants to access services and facilities, due to the potential for residents to be unable to leave the village (e.g. due to lack of access to a private car). However, the housing association and Council currently allocate social rented properties using a choice based letting system. Similarly, shared ownership properties are typically sold via marketing to the general public (subject to the relevant eligibility and local connection criteria). Consequently, it is reasonable to expect that residents are unlikely to choose to occupy the properties without the means to access services and facilities from the site.
5.5.4 Having regard to the above, it is considered that the scheme meets the relevant policy requirements of Policy H1 of the Core Strategy with regards to housing mix and the needs of the District's elderly population.
5.6 Design, character and heritage
5.6.1 Policies EQ11 and EQ4 of the Core Strategy and the South Staffordshire Design Guide SPD set out general design requirements and character considerations for residential schemes. Specifically, the Design Guide SPD requires schemes "sit easily within their surrounding environment, taking account of the surrounding character, whether rural or urban, and building the proposal's layout around existing features (such as waterside locations, trees, landmarks, views or historic elements)". Policy H3 also requires that rural exception sites respects the scale, character and local distinctiveness of its surroundings. Policy EQ3 sets out the relevant heritage considerations.
5.6.2 The site sits adjacent to a residential area and lies on the edge of the Codsall and Oaken Conservation Area. The Council's Conservation Officer and County Archaeologist have raised no objections to the proposal, subject to the imposition of conditions. The Conservation Officer indicates that the proposal will form a logical continuation of the built form of the settlement, causing less than substantial heritage harm that may be balanced against the public benefits of the development. The built form in the immediate vicinity of the site along Shop Lane comprises a mixture of semi-detached two storey properties, bungalows and larger detached properties. The scheme proposes a layout and design which would result in the introduction of semi-detached two storey properties and a mixture of semi-detached and detached bungalows. Reflecting the larger properties in the surrounding streetscene, the largest detached properties (Plots 1 and 2) are located at the front of the site along Shop Lane in a manner which reflects the building line of adjacent
Page 80 of 120 Patrick Walker: Senior Planning Officer - Planning Committee 20th August 2019 properties and present active frontages to the existing streetscene. Smaller semi- detached bungalows and houses are located towards the rear of the site, limiting their impact on the character of the surrounding area.
5.6.3 Some local residents have objected on the basis of the development failing to reflect the larger properties and plot sizes elsewhere in Oaken and that the proposal would result in sprawling development out of character with the village. As set out in 5.6.2, the application contains the smaller properties proposed away from the front of the development, presenting larger properties to the Shop Lane streetscene. Equally, as identified in the Housing Needs Survey, part of the reason for the local housing need for affordable dwellings is the dominance of larger three and four bedroom properties in the Parish, meaning that some smaller properties will inevitably be required to address this issue. Furthermore, Core Policy 1 emphasises the need to make efficient use of land and the NPPF (para 223) emphasises the need to avoid building homes at low densities. There is also no reason to conclude that the site would constitute sprawling development, given the Conservation Officer's comments and the site's location within a well contained field parcel of less than half a hectare that is surrounded on all sides by built form, most of which is residential.
5.6.4 Having regard to the above, it is considered that the site meets the policy requirements relevant to design, character and heritage set out in Policies H3, EQ3, EQ4 and EQ11 of the Core Strategy, and the design principles set out in the South Staffordshire Design Guide SPD.
5.7 Residential Amenity/internal and external space about dwellings
5.7.1 Policy EQ9 of the Core Strategy sets out the relevant requirements with regards to space about dwellings and the amenity of new and existing residents. Guidance on how these requirements may be achieved is given in the space standards contained in Appendix 6 of the Core Strategy
5.7.2 The properties on site provide for the minimum garden areas and depths required by the Core Strategy throughout the scheme. In terms of internal space, the scheme complies with the floor areas set out in the Nationally Described Space Standards.
5.7.3 Whilst some neighbouring residents have raised concerns regarding the potential for overlooking to their properties, the required separation distances between properties (both existing and new) are met throughout the scheme. An exception to this is the distance from the rear elevation of the bungalow on plot 9, which would have a separation distance of 15m to the rear windows of the existing bungalow to the north of the site, which does not meet the usual standard of 21m. However, there is already a substantial hedgerow between the existing bungalow and the site, and (given that plot 9 is also single storey) the additional rear boundary treatments from the scheme would prevent any views being achieved between facing windows. Therefore, there would be no detrimental impact on amenity arising from this distance. There is also a separation distance of 5.5m between the rear elevation of Plot 1 and the side elevation of the neighbouring property at 18 Shop
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Lane. However, there are no habitable room windows on the rear elevation of Plot 1 and Plot 1 in a single storey property with a shallow roof pitch, which is separated from 18 Shop Lane by a substantial existing boundary hedge. Therefore, the introduction of Plot 1 would cause no overshadowing or overlooking to this neighbouring property despite their close proximity.
5.7.4 Having regard to the above, it is considered that the scheme would have no detrimental impact on the amenity of neighbouring properties or future occupants. Therefore, it is considered that the scheme fully complies with Policy EQ9 of the Core Strategy.
5.8 Open space
5.8.1 Policy SAD7 of the Site Allocations Document sets out the relevant requirements with regards to open space provided through new development. Specifically, Policy SAD7 requires schemes of 10-24 dwellings to provide £993 per dwelling towards the provision and maintenance of offsite greenspace provision, or the improvement of an existing nearby open space. The applicants have confirmed their willingness to provide this sum towards offsite open space provision through a section 106 agreement. Therefore the application meets the requirements of this policy.
5.9 Ecology/trees
5.9.1 Policy EQ1 of the Core Strategy indicates permission will be granted for development which would not cause significant harm to sites and/or habitats of nature conservation. Equally, Policy EQ4 of the Core Strategy indicates trees should be protected unless it can be demonstrated that removal is necessary and appropriate mitigation can be achieved, with new and replacement planting being of locally native species. Policy EQ12 of the Core Strategy sets out general landscaping requirements for new developments.
5.9.2 To address these requirements the applicants have provided a preliminary ecological appraisal, landscaping plan and arboricultural report. Having had sight of these documents, both the County Ecologist and the Council's Senior Arboricultural Officer have confirmed that they are satisfied with the submitted information and that there are no objections to the proposals in terms of loss of tree planting, habitats or protected species. Consequently, whilst some residents have objected on the basis of the potential impacts on wildlife adjacent to the site, the submitted information and consultee responses clearly indicate that the scheme meets the relevant requirements of Policies EQ1, EQ4 and EQ12 of the Core Strategy.
5.10 Drainage and Flood Risk
5.10.1 Policy EQ7 of the Core Strategy sets out a general requirement for planning applications to include a suitable sustainable drainage scheme (SuDS), whilst Policy SAD9 of the Site Allocations Document requires schemes to provide appropriate SuDS measures in accordance with the requirements of the Lead Local Flood
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Authority (Staffordshire County Council), which are set out in the Staffordshire Local Flood Risk Management Strategy 2015 and SuDS Handbook 2017.
5.10.2 The Parish Council have objected to the development, in part because of its impact on flood risk. However, the site is not within Flood Zones 2 or 3 and following consultation with both Severn Trent Water and Staffordshire County Council (the Lead Local Flood Authority), it is considered that no adverse drainage or surface water flooding impacts are likely to arise from the scheme. The Lead Local Flood Authority have suggested an condition to secure an appropriate drainage scheme, which is attached to the proposed conditions. Consequently, it is considered that the application meets the relevant requirements of Policy EQ7 of the Core Strategy.
5.11 Highways/Parking
5.11.1 The site is proposed to be accessed via Shop Lane and incorporates sufficient parking within its layout to accommodate the required level of car parking needed to satisfy the requirements of Policy EV12 of the Core Strategy. Some local residents have raised concerns regarding the highways safety implications of the proposal, noting concerns such as potholes along Shop Lane, accidents at the junction of Shop Lane and the A41, the narrowness of Shop Lane, the potential for a dramatic increase in traffic in the village and claims that vehicles travel along Shop Lane at 60mph, meaning equivalent vis splays are required.
5.11.2 To ensure the development has no adverse impact on highways safety, the County Highways officer has been consulted regarding this application and has raised no concerns with regards to car parking or highways safety as a result of the development. Having visited the site on more than one occasion, and noting the level of traffic along Shop Lane, I see no reason to disagree with this conclusion. Therefore, subject to conditions being imposed to ensure the required vis-splays, site access, roads and parking are provided, whilst also ensuring a off-site traffic management scheme is provided prior to commencement, the proposal is acceptable in terms of its highways impacts and car parking provision.
5.12 Representations
5.12.1 A significant number of objections have been received from residents, a large majority of which relate to issues such as the lack of services and facilities in Oaken, the validity of the housing needs survey findings and highways safety. The majority of points raised by these objections have been addressed under the relevant subject areas earlier in this report. In addition to these, some local residents also highlighted some other matters.
5.12.2 Some residents raised the possibility that there are restrictive covenants on the land. However, the landownership of the site is a civil matter and does not weigh on the planning merits of the site. Equally, many have referenced guidance documents accessed through the Council's website, saying that these mean that rural exception sites can only be progressed if the Parish Council don't object to the proposal at the planning application stage. However, these incorrect guidance
Page 83 of 120 Patrick Walker: Senior Planning Officer - Planning Committee 20th August 2019 documents do not form part of the development plan and do not reflect the requirements of the Council’s rural exception sites policy. This incorrect document has since been removed from the Council’s website. Finally, some residents have indicated that, as the Site Allocations Document identifies no housing need for Oaken, there should not be a need for a rural exception site. However, the rural exception site policy (Policy H3) identifies no need for rural exception sites to be supported by an allocation for that specific settlement in a development plan document, with the policy text of H3 making clear that housing delivered through rural exception sites constitutes "an exception to planning policies relating to the location of housing development in the Green Belt and Open Countryside".
6. CONCLUSIONS
6.1 The application would deliver a rural exception site in accordance with the policy tests set out in Policy H3 of the Council's Core Strategy, by delivering a limited scheme of affordable dwellings based upon a proven local need. Whilst numerous objections have been received to the principle of rural exception sites in Oaken and the submitted housing needs survey, the principle of Other Villages and Hamlets receiving rural exception sites appears to be supported by the Council's spatial strategy, as set out in Core Policy 1 of the Core Strategy. Equally, for the reasons given earlier in this report, I consider that the submitted housing needs evidence is robust and that the scale and type of development has been appropriately informed by it. As such, I consider the scheme to meet the requirements set out for Green Belt rural exception sites in Policies GB1 and H3 of the Core Strategy, and to be in conformity with the overall strategy for development set out in Core Policy 1 of that document. The scheme also meets all other development plan policy requirements and the applicant has confirmed their agreement to all necessary pre- commencement conditions.
6.2 Therefore, for the reasons set out in this report, I recommend this application be APPROVED, subject to the completion of a Section 106 agreement between the applicants and the Council. This should secure 100% of the scheme as affordable housing for local people in perpetuity, through use of an appropriate local connection criteria. It should also provide £993 per dwelling towards the provision and maintenance of offsite greenspace provision, or the improvement of an existing nearby open space.
7. RECOMMENDATION - Delegate APPROVAL to the Team Manager to issue the decision on completion of a satisfactory Section 106 Agreement. If these have not been achieved by 19th November 2019 this application will be referred back to the Planning Committee.
The agent has confirmed their agreement to pre-commencement conditions.
Subject to the following condition(s):
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1. The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which this permission is granted.
2. The development shall be carried out in accordance with the approved drawings: Dwg. No. 06056/4B (received 16/05/2019); Dwg. Nos. 06056/1; 06056/2H; 06056/5B; 06056/6C; 06056/7B; 06056/8B; 06056/9C; 06056/10D; 06056/11C; 06056/12C; 06056/14B, 06056/15C, 06056/16B and 18063-100 Rev C received 29/03/2019
3. No works hereby approved shall be commenced, until full details of the following have been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter be undertaken in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.
the bricks to be used in the construction of the external walls the render to be used on the external walls the exterior roof materials full details consisting of sections at a minimum scale of 1:5 and elevations at 1:20, of all external joinery including fenestration and doors and proposed exterior finish full details including a sample panel of the mortar mix, colour, gauge of jointing and pointing full details of the eaves detailing full details of the brick bond to be used full details of rainwater goods, their materials and designs
4. The landscape scheme shown on the approved plan(s) Dwg. No. ADL245 Rev B (received 16/05/2019) shall be implemented concurrently with the development and completed within 12 months of the completion of the development. The Local Planning Authority shall be notified when the scheme has been completed. The planting, hard landscaping (and any other introduced features shown on the approved plan(s) shall be retained and maintained for a minimum period of 10 years by the property owner from the notified completion date of the scheme. Any plant failures that occur during the first 5 years of the notified completion date of the scheme shall be replaced with the same species within the next available planting season (after failure).
5. The development hereby permitted should not commence until drainage plans for the disposal of foul water flows have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.
6. No development shall begin until a detailed surface water drainage design has been submitted to and approved by the Local Planning Authority in
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consultation with the Lead Local Flood Authority. The design must be in accordance with the overall strategy and key design parameters set out in the Preliminary Drainage Strategy (Mucklow & Harris Drawing Number: 18063- 101, Revision D).
The design must demonstrate: Surface water drainage system(s) designed in accordance with national and local standards, including the non-statutory technical standards for sustainable drainage systems (DEFRA, March 2015). SuDS design to provide adequate water quality treatment, depending on receptor, in accordance with the CIRIA SuDS Manual Simple Index Approach and SuDS treatment design criteria. Limiting the discharge rate generated by all rainfall events up to the 100 year plus climate change critical rain storm to 2l/s. Evidence to be provided for STW agreed point and rate of discharge to public sewer. Detailed design (plans, network details and calculations) in support of any surface water drainage scheme, including details on any attenuation system, and the outfall arrangements. Calculations should demonstrate the performance of the designed system for a range of return periods and storm durations inclusive of the 1 in 1 year, 1 in 30 year, 1 in 100 year and 1 in 100 year plus climate change return periods. Root protection system and no-planting easement to be included in property deeds for the protection of the attenuation tank. Plans illustrating flooded areas and flow paths in the event of exceedance of the drainage system. Site layout and levels should provide safe exceedance routes and adequate access for maintenance. Provision of an acceptable management and maintenance plan for surface water drainage to ensure continued performance of the system for the lifetime of the development. This should include a schedule of required maintenance activities and frequencies, and contact details for the organisation responsible for carrying out these duties. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.
7. Prior to the commencement of the development hereby permitted, a written scheme of archaeological investigation ('the Scheme') shall be submitted for the written approval of the Local Planning Authority. The Scheme shall provide details of the programme of archaeological works to be carried out within the site, including post-excavation reporting and appropriate publication. The archaeological site work shall thereafter be implemented in full in accordance with The Scheme.
8. The development shall not be occupied until the site investigation and post- excavation assessment has been completed in accordance with the written scheme of archaeological investigation approved under condition 7 and the
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provision made for analysis, publication and dissemination of the results and archive deposition has been secured.
9. The development shall not be occupied until the site investigation and post- excavation assessment has been completed in accordance with the written scheme of archaeological investigation approved under condition 7 and the provision made for analysis, publication and dissemination of the results and archive deposition has been secured.
10. The development hereby permitted shall not be brought into use until the access road, parking and turning areas have been provided in accordance with the approved plans.
11. The development hereby permitted shall not be brought into use until the visibility splays shown on drawing No. 06056/2H have been provided. The visibility splays shall thereafter be kept free of all obstructions to visibility over a height of 600 mm above the adjacent carriageway level.
12. The development hereby permitted shall not be commenced until an off-site traffic management scheme comprising of: - Routing of Construction vehicles. - Wheel washing facilities. - Measures to remove any mud or other deleterious material deposited on the highway. - Car parking facilities for staff and visitors. - Timetable for implementation. has been submitted to and approved in writing by the Local Planning Authority. The approved traffic management scheme shall thereafter be implemented prior to any works commencing on site.
13. During the construction phase, the development must comply with the series of precautionary recommendations set out in Section 4.3b of the submitted "Phase 1, Preliminary Ecological Appraisal, Shop Lane, Oaken, Document Reference: Shop0518_PEA1" received 29th March 2019
14. The development hereby permitted shall not be commenced until plans are provided showing the type and location of 5 no. bird boxes and 5. no. bat boxes to be installed on buildings.
15. The permission hereby granted does not grant or imply consent for the installation of any means of lighting on the site or the building. Before any development takes place a scheme for the lighting of the site shall be submitted to the Local Planning Authority for approval and the development shall be carried out in accordance with the approved scheme. Any external lighting included in this scheme must be designed in accordance with Bat Conservation Trust / Institution of Lighting Professionals "Guidance Note 08/18 Bats and artificial lighting in the UK". Additional lighting or alterations
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to the approved scheme shall not be carried out other than with the written approval of the Local Planning Authority.
16. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any other subsequent equivalent order, no development within the following classes of development shall be carried out to the dwelling(s) hereby approved without the prior approval of the Local Planning Authority:
a. Schedule 2, Part 1, Class A - enlargement, improvement or other alteration
b. Schedule 2, Part 1, Class B - addition or alteration to the roof
c. Schedule 2, Part 1, Class C - any other alteration to the roof
d. Schedule 2, Part 1, Class D - porches
e. Schedule 2, Part 1, Class E - garden buildings, enclosures, pool, oil or gas storage container
f. Schedule 2, Part 1, Class F - hardsurfacing
g. Schedule 2, Part 1, Class G - chimney, flue or soil and vent pipe
h. Schedule 2, Part 1, Class H - microwave antenna
i. Schedule 2, Part 2, Class A - gate, wall, fence or other means of enclosure
j. Schedule 2, Part 2, Class B - means of access
k. Schedule 2, Part 2, Class C - painting of exterior
Reasons
1. The reason for the imposition of these time limits is to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.
2. In order to define the permission and to avoid doubt.
3. To safeguard the amenity of the area in accordance with policy EQ11 of the adopted Core Strategy.
4. To safeguard the amenity of the area in accordance with policy EQ11 of the adopted Core Strategy.
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5. To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimize the risk of pollution, in accordance with policy EQ7 of the adopted Core Strategy.
6. To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimize the risk of pollution, in accordance with policy EQ7 of the adopted Core Strategy.
7. In order to preserve and record any items of archaeological interest in accordance with policy EQ3 of the adopted Core Strategy.
8. In order to preserve and record any items of archaeological interest in accordance with policy EQ3 of the adopted Core Strategy.
9. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.
10. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.
11. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.
12. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.
13. In order to protect any protected species on the site in accordance with EQ1 of the adopted Core Strategy.
14. In order to protect any protected species on the site in accordance with EQ1 of the adopted Core Strategy.
15. In order to protect any protected species on the site in accordance with EQ1 of the adopted Core Strategy.
16. The site is within the Green Belt within which, in accordance with the planning policies in the adopted Core Strategy, there is a presumption against inappropriate development
17. Proactive Statement - In dealing with the planning application the Local Planning Authority has worked in a positive and proactive manner by agreeing amendments to the application and in accordance with paragraph 38 of the National Planning Policy Framework 2019.
Page 89 of 120 Patrick Walker: Senior Planning Officer - Planning Committee 20th August 2019
Land At, Shop Lane, Oaken, South Staffordshire
Page 90 of 120 Gareth Dwight - Planning Assistant - Planning Committee 20th August 2019
19/00440/FUL Mr Robb Stubbs DUNSTON AND NON MAJOR COPPENHALL Councillor L Bates Councillor I Ford
2 School Lane Dunston STAFFORD ST18 9AG
Proposed outbuilding containing a garden store, sun lounge, W.C and car port
1. SITE DESCRIPTION AND PLANNING HISTORY
1.1 Site description
1.1.1 This application relates to a two-storey rendered cottage situated off School Lane approximately 500m west from the centre of Dunston village.
1.1.2 The dwelling originates from a pair of semi-detached cottages that were converted into one dwelling in the early 1980s (81/00004). The property is currently under renovation with a series of contemporary front and rear extensions (18/00968/FUL).
1.1.3 The property sits amongst a small cluster of dwellings which are varied in age, design and character.
1.2 Planning history
2018: New porch and window alterations to front and side elevations. Rear extension including reworking of previous approved application (re-submission of approved application 18/00120/FUL), Approved, 18/00968/FUL 2018: New porch and window alterations to front elevation. Rear extension including reworking of previous approved application, Approved, 18/00120/FUL. 2008: Proposed two storey rear extension, Approved, 08/00264/FUL 1981: Alterations To Create One Dwelling, Approved, 81/00004
2. APPLICATION DETAILS
2.1 The proposal
2.1.1 This application proposes a new outbuilding containing a garden store, sun lounge, W.C and car port.
2.1.2 Maximum dimensions to measure 4m wide x 12.9m deep x 4.1m high to a dual- pitched roof.
2.1.3 The proposal would be finished in rendered walls and a titled roof to match the main dwelling.
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2.1.4 A former detached garage on the site has recently been demolished.
2.2 Agent's submission
2.2.1 Not applicable.
2.3 Pre application advice
2.3.1 Not applicable.
3. POLICY CONTEXT
3.1 Within the Open Countryside beyond the West Midlands Green Belt.
3.2 Adopted Core Strategy Core Policy 1: The Spatial Strategy Policy OC1: Development in the Open Countryside beyond the West Midlands Green Belt Core Policy 2: Protecting and Enhancing the Natural and Historic Environment Policy EQ4: Protecting and Enhancing the Character and Appearance of the Landscape Core Policy 3: Sustainable Development and Climate Change Policy EQ9: Protecting Residential Amenity Core Policy 4: Promoting High Quality Design Policy EQ11: Wider Design Considerations Core Policy 11: Sustainable Transport Policy EV12: Parking Provision Appendix 5: Car parking standards Appendix 6: Space about Dwellings
3.3 Adopted local guidance South Staffordshire Design Guide [2018] Sustainable Development SPD [2018] Green Belt and Open Countryside SPD [2014]
3.4 National Planning Policy Framework [2019] 12. Achieving well-designed places
4. CONSULTATION RESPONSES
Ward Councillors (expired 01/07/19): No comments received.
Dunston and Coppenhall Parish Council (expired 01/07/19): No comments received.
Neighbours (received 08/07/19): 1 neighbour raised the following concerns (in summary) -
Page 92 of 120 Gareth Dwight - Planning Assistant - Planning Committee 20th August 2019
-That the application refers to a proposed 'garage', although the plans show a carport, and the rest looks like living quarters; -Drainage; -Recent excavation works and impact on shared 'land drains' which have been decimated.
Site Notice (expired 02/07/19): No comments received.
5. APPRAISAL
5.1 This application is being referred to Planning Committee as the proposal is contrary to Policy OC1 of the adopted Core Strategy.
5.2 Key Issues
- Principle of development - Justification for development - Impact on local character and landscape - Impact on neighbouring properties - Space about Dwellings - Highways/parking - Representations
5.3 Principle of development
5.3.1 The application site is located within the Open Countryside beyond the West Midlands Green Belt. Policy OC1 of the Core Strategy stipulates that new buildings in the Open Countryside will only be permitted where they fall within one of a number of acceptable categories listed within OC1. These include buildings for purposes directly related to agriculture or forestry, or appropriate small-scale facilities for sport and recreation.
5.3.2 The proposed outbuilding does not fall within any of the acceptable criteria for new buildings given in Policy OC1, and therefore special justification is required to overcome the automatic policy objection.
5.4 Justification for development
5.4.1 While Permitted Development (PD) Rights for extensions to this property were removed under recent permissions 18/00120/FUL & 18/00968/FUL (the latter of which is currently being implemented), PD rights for outbuildings remain intact. As such, the applicant could, in theory, erect an almost identical outbuilding elsewhere in the site under PD rights. For example, a building with the same footprint (i.e 4m wide x 12.9m deep), and with a dual-pitched roof not exceeding 4m in height (i.e just 0.1m lower than the current proposal), and sited more than 2m from the property boundary in the rear garden, would meet the dimensional requirements of PD rights for outbuildings and furthermore the proposed use of the building for a garden store, sun lounge, W.C and carport would also, in my view, meet a “test of
Page 93 of 120 Gareth Dwight - Planning Assistant - Planning Committee 20th August 2019 reasonableness” for an incidental domestic outbuilding. As such, the hypothetical “fall-back” position of erecting an almost identical outbuilding under PD rights would carry significant weight in justifying the current proposal.
5.4.2 Additionally, the existing property forms part of a close-knit group of dwellings on School Lane and the dwelling is flanked on both sides by two-storey properties. In this context the proposed outbuilding, located to the rear but in close proximity to the main house, would mainly be viewed in conjunction with the existing property and with the existing built development on School Lane, with no resulting material harm on the character of the surrounding landscape. Furthermore, a grant of permission on this occasion would allow the Local Planning Authority to remove PD rights for any further outbuildings on this site in order to protect the Open Countryside from further encroachment.
5.4.3 For the above reasons, it is considered there is sufficient justification to outweigh the potential harm to the character of the Open Countryside, and the principle of the development is therefore acceptable.
5.5 Impact on local character and landscape
5.5.1 Policy OC1 protects the Open Countryside "for its own sake". It receives particular protection for its "landscapes, areas of ecological, historic, archaeological, agricultural and recreational value". Policy EQ11 requires that new development "respect local character and distinctiveness, including that of the surrounding development and landscape […]".The Council's 2018 Design Guide has been adopted and amplifies the principles set out in Policy EQ11 of the Core Strategy.
5.5.2 There would be no adverse landscape, ecological, historic, archaeological, agricultural or recreational impact resulting from this proposal. The contemporary nature of the proposal would be in-keeping with the host property with no demonstrable harm on the character of the locality. The proposal is considered compliant with Policy EQ11 of the Core Strategy.
5.6 Impact on neighbouring properties
5.6.1 Policy EQ9 states that new development "should take into account the amenity of any nearby residents, particularly with regard to privacy […] and daylight."
5.6.2 The proposal would be sited alongside the west boundary of the site which is shared with No. 4 School Lane. The proposed outbuilding would be located within approximately 4m of this neighbour's rear conservatory at an oblique angle. In this instance, there would be no impingement to 45-degree views from No. 4's ground floor rear windows, since these have already been enclosed by the neighbour's own conservatory extension (i.e a non-principal room). Taking into account the eaves height of the proposal at 2.2m, and the pitched roof of the structure raking-away from the neighbour's boundary, it is considered there would be no material loss of outlook, daylight or adverse overbearing impact on No. 4 to warrant a refusal of the application.
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5.6.3 The proposal raises no privacy concerns, and would not otherwise be considered detrimental to the amenities of any other neighbouring properties, in accordance with Policy EQ9.
5.7 Space about Dwellings
5.7.1 The proposal does not infringe the Council's 'Space about Dwellings' standards.
5.8 Highways/parking
5.8.1 The dwelling would have a total of four bedrooms following implementation of permission 18/00968/FUL. The proposed outbuilding containing a car port at the front and the retained driveway at the side of the property would maintain satisfactory on-site parking arrangements (i.e at least three parking spaces) in compliance with Policy EV12 of the Core Strategy. The proposal raises no highway- related implications.
5.9 Representations
5.9.1 The neighbour's comments concerning the original description of the proposal are noted, and this has now been amended to “Proposed outbuilding containing a garden store, sun lounge, W.C and car port” so that it now corresponds more precisely with the proposed development. Matters concerning drainage (foul or surface water) would be covered separately under Building Regulations. The recent excavation works are subject to a separate enforcement investigation, and any impact on shared 'land drains' would be a civil matter which falls outside of planning control.
6. CONCLUSIONS
6.1 The proposal would not be considered harmful to the character of the landscape of the Open Countryside and raises no neighbour amenity concerns or parking related issues. As such, I recommend the approval of this application.
7. RECOMMENDATION - APPROVE Subject to Conditions
Subject to the following condition(s):
1. The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which this permission is granted.
2. The development shall be carried out in accordance with the approved drawings: 03 Revision A Proposed Plan and Elevations, (received 29/05/19) 04 Revision B Proposed Site Plan (received 20/06/19).
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3. Notwithstanding any description or details in the application plans and documents, the facing materials to be used on the walls and roof of the building shall match those of the existing dwelling, unless otherwise agreed in writing by the Local Planning Authority.
4. The building hereby approved shall be used only for purposes incidental to, and in connection with, the use of the site as a dwelling.
5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, or any other subsequent equivalent order, no development within Schedule 2, Part 1, Class E - garden buildings, enclosures, pool, oil or gas storage container, shall be erected within the residential curtilage of the dwelling, the subject of this approval, without the prior approval of the Local Planning Authority.
Reasons
1. The reason for the imposition of these time limits is to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.
2. In order to define the permission and to avoid doubt.
3. To safeguard the amenity of the area in accordance with policy EQ11 of the adopted Core Strategy.
4. In order to define the permission and to avoid doubt.
5. The site is within the Open Countryside within which, in accordance with the planning policies in the adopted Core Strategy, there is a presumption against harmful development.
6. Proactive Statement - In dealing with the application, the Local Planning Authority has approached decision making in a positive and creative way, seeking to approve sustainable development where possible, in accordance with paragraph 38 of the National Planning Policy Framework, 2018.
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2 School Lane, Dunston, STAFFORD ST18 9AG
Page 97 of 120
Page 98 of 120 Tyler Parks – Planning Consultant - Planning Committee 20th August 2019
19/00474/FUL Mr & Mrs Millington PERTON NON-MAJOR Councillor P Allen Councillor N Caine Councillor R Heseltine
6 The Belfry, Perton, South Staffordshire, WV6 7YX
BBQ cabin (retrospective)
1. SITE DESCRIPTION AND PLANNING HISTORY
1.1 Site description
1.1.1 The application property lies within a wholly residential area and takes the form of a two storey detached dwelling located within a small cul-de-sac, with similar properties located on either side. The property backs onto detached properties addressed onto Formby Avenue.
1.1.2 As with the majority of properties within the vicinity, the rear garden is modest in depth at approximately 10.5m deep. The properties to the rear and in particular Nos. 15 and 17 Formby Avenue are also characterised by modest rear gardens (again at approximately 10.5m deep, not including subsequent extensions to those properties). There is a slight change in levels across the rear boundary.
1.2 Planning History
1.2.1 2018 – 18/01027/FUL - BBQ cabin (retrospective) – WITHDRAWN.
2. APPLICATION DETAILS
2.1 Background
2.1.1 The BBQ cabin in question was installed within the rear garden of the property in the belief that it constituted permitted development under Schedule 2, Part 1, Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). The applicant was advised that this was not the case due to the combination of height and proximity to the boundary of the property, and a retrospective application was submitted in an attempt to regularise the situation.
2.1.2 That application was subsequently withdrawn (as noted above) following Planning Officers’ visit to the property, and the neighbouring property at the rear, due to concerns regarding the overall height of the development. As constructed the
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BBQ cabin sits on a raised section of the garden, which despite now appearing artificially raised, due to the formalised nature of the border, is actually at the original garden height along the contiguous rear boundary. This raised section is approximately 0.5m above the majority of the garden.
2.2 Application Details
2.2.1 The current application seeks permission for the retention of the BBQ cabin, but unlike the previous (withdrawn) application, the current proposal incorporates the removal of the existing raised ground level with the result being that the BBQ cabin would be removed and reinstated at the lower ground level.
2.2.2 The BBQ cabin itself consists of hexagonal shaped timber structure with a single door opening (facing towards the rear of the host property). In size terms, it amounts to a medium sized garden shed albeit that with the steep pitched felt roof, and the integral centrally positioned chimney/cupola, at a maximum height of 3.9m, this exceeds the height of most domestic sheds.
2.2.3 The cabin features 3 windows. Internally, bench seating is arranged around the perimeter with a central barbeque (BBQ) feature, which vents via the aforementioned chimney.
2.2.4 The proposed resiting at the lower ground level, but essentially in the approximate same location as present, would necessitate the excavation of the previously mentioned raised border and the provision of a new section of dwarf wall adjacent to the contiguous rear boundary (with No. 17 Formby Avenue).
3. POLICY CONTEXT
Within the Development Boundary
National Planning Policy Framework, taken as whole, in particular: Section 12 – Achieving well-designed places
Adopted Core Strategy Core Policy 4: Promoting High Quality Design Policy EQ9: Protecting Residential Amenity Policy EQ11: Wider Design Considerations Policy EQ12: Landscaping Design Guide SPD 2018
4. CONSULTATION RESPONSES
Councillor Nigel Caine has requested that the application be called-in to, and considered by, Planning Committee due to expressed concerns regarding the location of the BBQ cabin in relation to the neighbouring property.
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Perton Parish Council – Concerned that the BBQ cabin is too close to neighbouring properties and should be located nearer to the applicant’s premises.
Environmental Health Manager – No comments received.
Two neighbour representations have been received, one in support and one objecting.
Comments (verbatim) in support – It is well presented and has been built in good taste using high quality natural materials. It does not infringe upon any neighbouring properties and is being well kept.
Comments (verbatim) objecting – No, no, no. This is a residential area. Ask Gavin Williamson (Local MP) what he thinks.
5. APPRAISAL
5.1 The application has been called to Planning Committee by Councillor Nigel Caine.
5.2 Key Issues
- Principle of development - Impact upon neighbouring properties
5.3 Principle of development
5.3.1 The property is within the development boundary where alterations and extensions to dwellings and the erection of associated outbuildings within the domestic curtilages can be considered to be an acceptable form of development, providing there is no adverse impact on neighbouring properties or the amenity of the area.
5.4 Impact upon neighbouring properties
5.4.1 In accordance with Policy EQ9 “Protecting Residential Amenity”, all development proposals should take into account the amenity of any nearby residents, particularly with regard to privacy, security, noise and disturbance, pollution, odours and daylight.
5.4.2 Whilst the BBQ cabin is already evident on site and is thereby unauthorised, the application itself isn’t strictly speaking retrospective as the current application proposes to dismantle and re-erect the cabin at the lower ground level, as previously described. I have had to remind myself of this when undertaking the associated site visit, not only to the application property but also the neighbouring properties at nos. 15 and 17 Formby Avenue.
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5.4.3 But for the height and the proximity of the building to the boundary of the host property, the erection of this building, much like many structures erected in rear gardens, would amount to permitted development. That is to say, were it sited in excess of 2m from any adjoining boundary, it would qualify as permitted development. However, the fact remains that in this case and in its current location the BBQ cabin would not satisfy the permitted development criteria and as such planning permission is required.
5.4.4 In design terms, I find that the BBQ cabin is perfectly acceptable. It is a quality construction, supplied and erected by the manufacturers. It has a timber finish, with felt roof/shingles. The exposed section of the integral chimney is black. I am satisfied that the design, if a little “quirky”, meets the requirements of Policy EQ11 “Wider Design Considerations”.
5.4.5 The acceptability, or otherwise, of the current application in my opinion hinges on the siting of, and relationship between, the cabin and those properties at the rear (and in particular No.17 Formby Avenue). A key factor in this relationship is the relatively modest depth of the respective rear gardens with the garden of No. 17 Formby Avenue little more than 10.5m in depth, measured from the rear of the original house. A conservatory extension has since been erected which, at least in part, further reduces the depth of the garden.
5.4.6 The siting of the cabin is in the south west corner of the host property’s rear garden, and as a result is in a position directly at the bottom of the garden when viewed from the rear kitchen window of No. 17 Formby Avenue. For the owner/occupier of No. 17 Formby Avenue I can understand the concerns regarding this impact upon the outlook from the rear of her property. It was also explained to me during my visit that the smoke emitted from the BBQ cabin is a nuisance. In this regard, I have not been present when the BBQ cabin is in use, and cannot say how frequently it has been used. Even so, in the absence of any restrictions upon more conventional barbeques and/or small garden fires in the area to my mind it would be unreasonable to place any restrictions or resist the development on such grounds.
5.4.7 It is a fact of urban and sub-urban life that, from time-to-time, neighbours may choose to light a barbecue or garden fire, invariably when the weather is finer and one would wish to make the most of one’s own private garden. I see the use of the BBQ cabin no differently.
5.4.8 The physical structure itself is not overly excessive in terms of its size; footprint; massing; and, height in my opinion. Whilst I accept that the roof (and associated chimney) are, and will remain, visible over the rear boundary fence from No. 17 Formby Avenue, I do not consider that with the proposed resiting of the cabin at the lower level will be of significant harm or detriment to the amenity of the neighbour.
5.4.9 At the time of my visit to the neighbour, I noted a number of sizeable buildings and structures within nearby rear gardens, of varying heights and appearances, some arguably more intrusive due to their finished colour.
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5.4.10 In addition, it is noteworthy that there is significant mature landscaping, some dating back from the original development of the estate, which assists in softening the impact of some of the aforementioned other examples of outbuildings in the vicinity. I also noted that the neighbour (at No. 17 Formby Avenue) has already taken such matters into her own hands and has planted a new tree at the bottom of her garden to help screen the cabin from view. That tree is, understandably immature at present, but would provide an effective screen in a short space of time, with the cabin blending-in behind.
5.4.11 I noted one semi-mature tree, adjacent to the BBQ cabin, which is to be retained. That said I do have some concerns that the excavating out of the ground in its immediate vicinity may present some problems and I would suggest that if Members are minded to accept my recommendation that a “hand-dig” planning condition be imposed to protect the integrity of the tree.
5.4.12 I have fully considered the concerns expressed by the neighbour and in doing so have been particularly mindful of the fact that a relatively minor resiting of the BBQ cabin would result in it amounting to permitted development. I have also been mindful of the wide variety and form that outbuildings and structures can take. In this regard, the building in question is, in my opinion, on the higher side in terms of overall quality and design, albeit perhaps a little “quirky”.
6. CONCLUSIONS
6.1 Having weighed-up the material considerations in this case, on balance, I have concluded that the proposal to re-site the BBQ cabin at the slightly lower level is acceptable.
6.2 In such residential areas, especially where the properties feature relatively modest rear gardens, it is inevitable that some impact will occur when outbuildings and other garden structures are proposed. Whilst I accept that the outlook from the rear of the neighbouring property has been affected, this impact will be reduced when the cabin is reinstalled on at the lower ground level and the resulting relationship will, in my view, be acceptable. For the reason I have set out in the main body of the report, I find no reasonable grounds to resist the development due to smoke emissions when the BBQ is in use.
6.3 For the reasons set out above, I therefore consider that the proposal meets the requirements of Policies EQ9 and EQ11 and can be supported.
7. RECOMMENDATION - APPROVE
Subject to the following condition(s):
1. The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which this permission is granted.
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2. The development shall be carried out in accordance with the approved drawings: Location Plan at 1:1250 scale; Plans and Elevations – Drg No. 1 of 1 (Plg) Proposed Details
3. All associated changes of levels of land shall be undertaken by hand. That is to say no mechanical digger or other excavation equipment shall be used during the changing of levels, and in particular within the root spread of nearby trees.
Reasons
1. The reason for the imposition of these time limits is to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.
2. In order to define the permission and to avoid doubt.
3. To protect the existing trees on the site during construction work in accordance with policy EQ12 of the adopted Core Strategy.
4. Proactive Statement - In dealing with the application, the Local Planning Authority has approached decision making in a positive and creative way, seeking to approve sustainable development where possible, in accordance with paragraph 38 of the National Planning Policy Framework, 2018.
Page 104 of 120 Tyler Parks – Planning Consultant - Planning Committee 20th August 2019
6 The Belfry, Perton, WOLVERHAMPTON, WV6 7YX
Page 105 of 120
Page 106 of 120 SOUTH STAFFORDSHIRE COUNCIL
PLANNING COMMITTEE – 20 AUGUST 2019
MONTHLY UPDATE REPORT
REPORT OF CORPORATE DIRECTOR GOVERNANCE
PART A – SUMMARY REPORT
1. SUMMARY OF PROPOSALS
1.1 Following the recent changes to the Planning Committee, a monthly update report will be brought to Committee to ensure that the Committee is kept informed on key matters including:
Proposed training Any changes that impact on National Policy Any recent Planning Appeal Decisions Relevant Planning Enforcement cases on a quarterly basis The latest data produced by the Ministry of Housing Communities and Local Government
2. RECOMMENDATION
2.1 That the Committee note the update report.
3. SUMMARY IMPACT ASSESSMENT
Do these proposals contribute to specific Council Plan objectives? Yes POLICY/COMMUNITY IMPACT Has an Equality Impact Assessment (EqIA) been completed? No SCRUTINY POWERS No – for information report for Planning Committee APPLICABLE KEY DECISION No TARGET COMPLETION/ 20 August 2019 DELIVERY DATE There are no direct financial implications arising this report. FINANCIAL IMPACT No
Any legal issues are covered in the report. LEGAL ISSUES No
OTHER IMPACTS, RISKS & No other significant impacts, risks or opportunities have been No OPPORTUNITIES identified. IMPACT ON SPECIFIC WARDS No District-wide application.
PART B – ADDITIONAL INFORMATION
4. INFORMATION
Page 107 of 120 4.1 Update – As members will be aware, changes were approved at the 26 Match 2019 meeting of the Council to reduce the size of the Planning Committee from 49 potential members to 21 members. As part of these changes an update report will now be brought to each meeting of the Committee. The update report will cover:
Proposed training Any changes that impact on National Policy Any recent Planning Appeal Decisions Relevant Planning Enforcement cases on a quarterly basis The latest data produced by the Ministry of Housing Communities and Local Government
4.2 Proposed Training – An initial planning training session took place on 28 May 2019, 32 members attended of which 17 were members of the Planning Committee. An additional session will be run in July 2019. This session was intended as an introduction to Planning for Committee members. The intention has been that with a reduced size of Committee additional training will be provided throughout the year, namely before each Planning Committee (starting at 5:30pm). The sessions may well change depending on what issues are on the agenda. The proposed sessions are currently:
Making Good decisions – June – David Pattison - completed 5 Year Housing Land Supply – July –completed Outline/reserved matters - what is included in each – August Highways – September Design – October Viability and Section 106 Agreements – November Gypsy and Travellers Policy – December Tree matters – January Environmental Health matters (including drainage and air quality) – February Cannock Chase SAC - March Listed Buildings – April
4.3 Changes in National Policy – there are no substantive changes in Government Policy that will impact on any decisions of the Committee.
4.4. Planning Appeal Decisions – every Planning Appeal decision will now be brought to the Committee for the Committee to consider. The latest appeal decisions are attached at appendix A. These include the following:
Six ashes road, Six Ashes – appeal dismissed for creation of a natural burial ground 14-18 Long Lane, Springhill – appeal dismissed for erection of 3 x 5 bed detached dwellings and garages
4.5 The key decision that we are currently awaiting is that concerning the 2 Crematoria applied for some time ago, we have had confirmation (also included in appendix A) that the determination has been slightly delayed by the recent change in Ministers and that the Secretary of State intends to issue his decision in this matter by 12 September 2019.
4.6 Relevant Planning Enforcement cases on a quarterly basis – Planning enforcement matters concerning individual cases falls within the remit of the Planning Committee. Now that there is a smaller Committee we will be bringing a quarterly update to the Committee on ongoing enforcement matters. It is intended that the first report will come to the September Committee meeting.
4.8 The latest data produced by the Ministry of Housing Communities and Local Government – As members will recall MHCLG sets designation targets that must be met regarding both quality and speed of planning decisions. The targets are broken into Major and Non major development. If the targets are not met then unless exceptional circumstances apply MHCLG will “designate” the relevant authority and developers have the option to avoid applying to the relevant designated Local Planning Authority and apply direct, and pay the fees, to the Planning Inspectorate. Details can be seen at
Page 108 of 120 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/ 760040/Improving_planning_performance.pdf
4.8 We will ensure that the Committee is kept informed of performance against the relevant targets including through the MHCLG’s own data. For Speed – the 2019 target for major developments is that 60% of decisions must be made within the relevant time frame (or with an agreed extension of time) and for non-major it is 70%. For Quality – for 2019 the threshold is 10% for both major and non-major decisions. Current performance is well within these targets and the position as set out on MHCLG’s website will be shown to the Committee at the meeting – the information can be seen on the following link (tables – 151a (speed- major) – 152a (quality major), 153 (speed – non major) and 154 (quality non major). The link is here – https://www.gov.uk/government/statistical-data-sets/live- tables-on-planning-application-statistics
5. IMPACT ASSESSMENT – ADDITIONAL INFORMATION
N/A
6. PREVIOUS MINUTES
N/A
7. BACKGROUND PAPERS N/A
Report prepared by: David Pattison, Corporate Director Governance
Page 109 of 120
Page 110 of 120 APPENDIX A
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