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SMD/2015/0368 FOR OUTLINE PERMISSION WITH SOME MATTERS RESERVED (EXCEPT SCALE, LAYOUT AND ACCESS) FOR ERECTION OF TWO DWELLINGS INCLUDING A NEW ACCESS AND ALTERATIONS TO THE EXISTING ACCESS AT ROSE HILL 98 TOWN END CHEADLE STOKE-ON-TRENT
Parish: Cheadle Registration: 21/09/2015 Case Officer: CGT Grid Reference: 400153 343051
THE APPLICATION
This is an outline planning application which seeks consent for the erection of two dwellings in the grounds of a detached dwelling at 98 Town End Cheadle, together with a new vehicular access and a minor alteration to the existing means of access. The application seeks approval of scale, layout and access but not details of design or landscaping, although floor plans and elevations have been included with the application drawings. The floor plans provide for one 3-bed house of 176 sq m (including an integral garage) and one 4-bed house of 194 sq m (without a garage).
The new access is required to provide a separate means of access to the existing dwelling, and the alteration to the existing access is required to enable ease of turning into the site from the westerly approach.
Land has been cleared of some trees and other vegetation to allow for two plots, one on each side of the existing driveway. The works would require some cutting into a relatively steep bank where the land rises by about 4 metres over a distance of 15 metres. The other plot is relatively level. The new access will involve making a breach in, and part reconstruction of, a roadside retaining wall. The removal of a small amount of mixed trees within a heavily treed site would become necessary as part of the development.
The application is brought to the Committee for determination by Cllr Peter Jackson who wants the Committee to see the site, the screening and the neighbouring dwellings.
SITE LOCATION/DESCRIPTION
Rose Hill is a relatively large detached dwelling of character that sits in large grounds on the north side of Town End, just to the east of its junction with Dilhorne Road. The application site itself extends to about 0.29 ha, occupying the eastern portion of the grounds and accounting for approximately 40% of the curtilage. The house and the application site are invisible from both Town End and Dilhorne Road due to a wide strip of tree planting and a high roadside hedge.
In terms of its relationship to nearby development, the existing house sits between No. 68 Town End and a detached dwelling on Dilhorne Road known as "Duart". The gap between No. 68 Town End and Rose Hill is about 105
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metres, and to "Duart" on Dilhorne Road is about 110 metres. The application site frontage to Town End is about 72 metres. The property therefore sits in a large gap between development.
For the purposes of the development plan the site lies within the Staffordshire Green Belt. In the saved Staffordshire Moorlands Local Plan it has been excluded from the defined Town Development Boundary and it is proposed to retain that distinction in the exercise that is currently being undertaken to define settlement boundaries. Also, the land was included in the Special Landscape Area in the 1998 Local Plan.
PLANNING HISTORY
None
CONSULTATIONS
Town Council: No objections
Local Highway Authority: No objections subject to eight conditions and one informative
Severn Trent Water Ltd: No objections subject to one condition in respect of disposal of foul and surface water run-offs.
The Coal Authority: The site lies within a High Risk Area of likely historic unrecorded underground mine workings. A conditions is therefore recommended for the undertaking of intrusive site investigations prior to the submission of a reserved matters application so that the potential need for remedial measures can be taken into account.
Environmental Health Officer: Recommends three conditions and one informative in respect of matters including potential soil contamination and the import of soil or material onto the site.
Trees and Woodlands Officer: His holding report is subject to further detailed analysis, but his initial response is that the proposed dwellings themselves are unlikely to have any significant impact on existing trees but has concerns about the potential significant impact of visibility splays on the roadside frontage screen. Further information if available will be reported to the Committee.
REPRESENTATIONS
Expiry of:- Site Notice – 17/09/15 Neighbour Notification – 15/09/15
No representations have been received.
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POLICIES
Staffordshire Moorlands Core Strategy Submission Document (May 2009) SS1 Development Principles SS1a Presumption in Favour of Sustainable Development SS2 Future Provision of Development SS6a Other Rural Areas Area Strategy H1 New Housing Development R2 Rural Housing DC1 Design Considerations DC3 Landscape and Settlement Setting T1 Development and Sustainable Transport
Saved Local Plan Proposals Map/Settlement Boundaries (1998)
Supplementary Planning Guidance Developer/Landowner Contributions SPG (2004) Planning for Landscape Change SPG (2001) Design Principles for Development in the Staffordshire Moorlands
National Planning Guidance National Planning Policy Framework National Planning Practice Guidance
OFFICER COMMENT
Introduction
1. The Local Planning Authority is required to determine planning applications in accordance with the development plan, unless there are material circumstances which indicate otherwise. In determining these applications, it shall have regard to the provisions of the Development Plan, in so far as they are material to the application and to any other material considerations. The Council’s Development Plan comprises the Core Strategy Development Plan Document (adopted March 2014) and the Saved Local Plan Proposals Map / Settlement Boundaries (adopted 1998).
The main issues to consider are: 1. The principle of development on this site 2. The impact of the development on the Green Belt 3. The impact of the development on highway safety 4. The impact of the development on trees and the landscape 5. The potential for land instability and 6. The potential for land contamination
The Principle of Development
2. Core Strategy Policy SS1 sets out the principles for achieving a balance of development that will result in a positive contribution to the social, economic
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AGENDA ITEM 9 and environmental improvement of the District. All proposals will be considered in the context of the District-wide Spatial Strategy and with regard to the cumulative impact over the longer term. Policy SS1a establishes a 'Presumption in Favour of Sustainable Development' as contained within the National Planning Policy Framework (the Framework) where in this case, planning applications that accord with policies within the Core Strategy will be approved without delay. Policy SS6c allows for limited forms of development in the rural areas which meets an essential local need, supports rural diversification and sustainability of the rural areas, promotes sustainable tourism or which enhances the countryside. It also places emphasis on the need to enhance and conserve the quality of the countryside. Policy H1 seeks to allow for a mix of housing to meet the needs and aspirations of the populations, but Policy R2 only permits very limited forms of new housing in the countryside.
3. The site is clearly located in a sustainable location, being on the edge of Cheadle with all its community facilities and employment opportunities. However, although it is located in the countryside Government has indicated in the NPPF that (in the absence of any other strong constraints such as Green Belt) local planning authorities should avoid isolated new homes in the countryside, the implication being that it may be acceptable on the edges of settlements in sustainable locations.
4. There is an acknowledged shortfall in the local 5-year land supply, and it is acknowledged that there is a national housing crisis, which are material considerations to be taken into account. Were it not for the location of the site in the Staffordshire Green Belt, which is discussed below, it is possible that the principle of development on this site could have been viewed favourably. However, the development would not meet an essential local need and the principle is entirely unacceptable for reasons of being in the Green Belt, and having regard to the high quality of the landscape the development would not enhance the countryside at this point.
Impact on the Green Belt
5. There is no escaping the fact that the site is located in the Green Belt, and whilst Government is actively encouraging local planning authorities to release land for housing and has made some significant legislative changes in the recent past, it has very recently reiterated its strong commitment to the protection of the Green Belt from harmful development. Green Belt policy as expressed in Paragraph 89 of the NPPF says that the construction of new buildings is inappropriate and therefore harmful to the purposes of including land in the Green Belt. Those purposes include: • to check the unrestricted sprawl of large built-up areas; and • to assist in safeguarding the countryside from encroachment; and • to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.
6. Certain exceptions to inappropriate development are permitted in principle as being not inappropriate, otherwise the burden is on an applicant to
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demonstrate Very Special Circumstances (VSC). Representations have been made on behalf of the applicant that the application proposals could be considered under an exception that allows "limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan". However, this site is evidently not an infill site in a village, but is in and edge-of-large urban area location where development here would clearly be wholly contrary to those three purposes of including land in the Green Belt that have been described above.
7. True VSC are very rare and may only occur where the exceptional nature of the development clearly outweighs the harm that would be caused. It must be demonstrated that no other option is available in light of the unique circumstances and individual case. No case for VSC has been presented and no case can be made out because the two dwellings are simply for open- market occupation. Release of the land is not essential for the well-being and growth of Cheadle, for which full provision is being made through the sites allocations exercise on land that is not in the Green Belt. There is a very real danger that release of this land for development could set a dangerous precedent for development on other vulnerable land nearby, particularly on Dilhorne Lane where the proposal is to incorporate additional land within the Green Belt.
Highway Considerations 8. The local highways authority has not raised any objections to the development proposals provided that the recommended conditions are imposed on any permission. The proposed conditions are perfectly acceptable in planning terms.
Impact on Trees and the Landscape 9. Although quite a number of trees have been removed in the location of one of the two plots, the site retains a distinctly sylvan appearance with quite dense tree and hedge planting present, particularly along the southern perimeter to the rear of the highway. Some trees will be lost, most particularly near the point of the new access, and some trees are conifers that are best removed anyway. Despite the potential loss of some trees, it is not anticipated that the proposed dwellings will have a significant impact on the remaining trees, either directly through construction works or over a longer period of time. However, if permission were to be granted it would be important to protect those trees to be retained from the dangers of construction vehicles and storage of materials through the use of temporary fencing.
10. As noted above, the site does lie within an area that was designated as Special Landscape Area because of its high amenity quality and amenity value. Potentially therefore the quality of the land could be downgraded through the introduction of new development, but in this case provided the trees are retained and protected the development would not be conspicuous and the damage to the amenity of the area would accordingly be slight. Nevertheless the development could set a harmful precedent that would potentially erode the character of the setting of the settlement.
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Land Instability and Contamination 10. Neither of these considerations are sufficient to preclude the possibility for development. In the case of land instability through mine working, the submitted Coal Mining Risk Assessment has concluded that there is a potential risk from past mining activity in the area. The Coal Authority advises of the need for an intrusive survey to be carried out to establish the exact position of the mining legacy. In the event that shallow workings are discovered there is a possibility that mine gas could be encountered. However, there is not sufficient concern to recommend refusal, the conclusion being that the findings of a survey would inform and remedial measures that may be required.
11. Land contamination of the site is always a possibility in "second-hand" sites, especially if there have been past mine workings in the vicinity of the site. In addition to that the Council's EHO notes that the area has been worked as part of a old gravel pit, and hence may be subject to some historic fill or unknown materials. He therefore recommends the need for a site risk assessment to be carried out before development is commenced so that the need for any remedial measures can be identified.
12. The EHO also comments that the site is relatively near to some residential properties (to the east and south), and therefore raises concerns about the potential for noise nuisance during construction. Members are advised that although the recommended condition has been imposed in the past on planning permissions, the issue does not relate to the permanency of development on the site, and would not be enforceable. Consequently any issues arising should be addressed by the Council using its environmental legislation.
Parish Council Comments
The Cheadle Town Council has no objections, so no comment is required.
Neighbour Comments
No local residents have raised any objections.
OFFICER RECOMMENDATION
Planning permission be REFUSED for the following reason: 1. The application site is located outside the defined development limits of Cheadle and is therefore located in the countryside for the purposes of the Development Plan, which at this point is of high amenity value. Moreover it is located in the Staffordshire Green Belt where there is a presumption against inappropriate development unless there are Very Special Circumstances. The proposal does not represent development that may be regarded as being not inappropriate, and no Very Special Circumstances that may allow for the
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AGENDA ITEM 9 development have been demonstrated and do not potentially exist. Although there is a shortfall in the local 5-year housing land supply the development would conflict with the purposes of including land within the Green Belt with particular reference to urban sprawl, encroachment of the countryside and encouragement of the re-development or urban land. The application is accordingly contrary to the provisions of Policies SS6c, H1, R2 and DC3 of the Staffordshire Moorlands Core Strategy Development Plan Document and the provisions of the National Planning Policy Framework for the protection of the Green Belt, the local landscape and the countryside in general.
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