Boreham Mead, Warminster Analysis on the Spatial Separation Between Warminster and Bishopstrow and the Likely Effects Arising Fr

APPENDIX A TO APPEAL STATEMENT OF CASE

ANALYSIS ON THE SPATIAL SEPARATION BETWEEN WARMINSTER AND BISHOPSTROW AND THE LIKELY EFFECTS ARISING FROM THE PROPOSED BOREHAM MEAD DEVELOPMENT

May 2016 INTRODUCTION

Application Number 13/06782/OUT for up to 35 custom build residential properties on land adjacent to the Boreham Road was considered by committee in June 2014. The committee resolved to approve the application, subject to the prior completion of a Section 106 legal agreement to cover various matters necessary to mitigate the impact of the development. That agreement was completed and the planning permission issued on 21st January 2015. A third party subsequently challenged the decision to grant planning permission via a Judicial Review. The challenge was heard in the High Court in July 2015 and Judgment was given in October 2015. The JR was advanced on four grounds. Three of these related to planning matters and the remaining one on whether a councilor at the meeting was entitled to vote on the matter.

The challenge on planning matters related to (1) a claim that the development would have a significant effect on the River Avon Special Area of conservation because of the risk of contamination to the River Wylye through the specialist foundation works; (2) a claim that the EIA Screening Opinion was flawed; (3) a claim that the Council’s conclusion that the development would not harm heritage assets, such as the Conservation Area, was flawed. The Judge dismissed each of these claims, commenting on the related costs application that the claimant ‘lost badly’ on these grounds.

The applicant resubmitted the same scheme for consent but on the 6th April 2016 the application was refused. One of the grounds for which was due to the detrimental effect of coalescence between Warminster and Bishopstrow. The explanation in the reason for refusal was as follows:

“….Furthermore, the proposal would result in the development of a site that is currently undeveloped countryside that forms part of the gap between the built-up area of Warminster and the nearby village of Bishopstrow. The Council consider it important to maintain this gap of undeveloped countryside to prevent the coalescence of the town with Bishopstrow, which was one of the objectives behind the setting of the town limits in this location when they were originally defined. The significant alteration in the character and appearance of this area of open countryside through the construction of this unplanned urban development would seriously erode the remaining gap between the town and village and would have an adverse impact on the character and appearance of the area. This would conflict with Core Policy 51 of the Wiltshire Core Strategy that seeks to maintain the separate identity of settlements. The Council considers that the adverse impact of the loss of a significant part of this gap and the change in the character and appearance of the area that would result from the development of this site significantly and demonstrably outweighs the benefits of the proposal”.

The applicant HPH Ltd & Hab Housing Limited requested that Sightline Landscape re-assess the issue of coalescence in light of the reason for refusal. The assessment has been undertaken by Chris McDermott, a qualified expert in landscape and visual appraisal with over 25 years of experience, a Chartered Landscape Architect and member of the Landscape Institute.

Boreham Mead, Warminster Page 1 REVIEW OF DOCUMENTATION

The Settlement Framework as defined on Inset Map 16 of the Wiltshire Core Strategy 2015 and is tightly drawn around the urban edge, affording virtually no areas for the urban expansion of the town. It is beyond the scope of this study to determine housing need and provision within the district. This analysis is restricted to an assessment of the perceived landscape and visual effects that would arise as a result of the proposed development, specifically in relation to coalescence between the village of Bishopstrow and Warminster. This issue of coalescence was not raised as a concern when the original application was submitted. Wiltshire Council’s landscape officer made comments on the original scheme and when re- consulted wrote back on the 8th January 2016 that these comments still stand. The original comments were: “I visited the site last summer and it was apparent that the existing riparian vegetation surrounding the site provides a substantial screening effect and creates a strong sense of enclosure. I therefore had limited concern that the landscape and visual effects of the proposed development would have significant or far reaching effects”.

In addition, in the REPORT TO THE WESTERN AREA PLANNING COMMITTEE Settlement Framework Site (for 6th April 2016 meeting) Report No.1 states: Bishopstrow Conservation 9.3 Impact on Bishopstrow Identity/Heritage Assets Area “Officers recognise that some objectors have expressed concern that the proposal would lead to the coalescence of Warminster and Bishopstrow, to the detriment of Village centre Bishopstrow’s identity and independence. The centre of Bishopstrow lies approximately 500m from the junction of Boreham Road and Bishopstrow Road. However, the application site only extends for 50m from the junction down Bishopstrow Road and lies outside the Bishopstrow Conservation Area. It is therefore considered that the proposal would not lead to the erosion of Bishopstrow’s separate identity. Furthermore, the application proposes to retain the existing tree cover around the boundaries and to provide for the establishment of a secondary line of hedgerow and trees in front of the This aerial photograph illustrates how the site lies immediately adjacent to the Settlement Framework and is separated from the buildings. There would also be a landscape and ecological buffer zone of around 10m Bishopstrow Conservation Area by the mill and a consented residential development (currently under construction). The conservation width along the part of the site fronting Bishopstrow Road. area is large and encompasses greenspace which provides the setting to the village centre. “In addition, the existing riparian vegetation surrounding the site provides a substantial screening effect and creates a strong sense of enclosure. The landscape and visual effects of the proposed development would not be significant or far reaching. Indeed, the submitted Landscape & Visual Impact Assessment demonstrates that the visual effect would be limited and localised. The site lies outside of the Bishopstrow Conservation Area but is considered to be within its setting. It is noted that neither English Heritage nor the Council’s Conservation Officer object to the proposal”.

Boreham Mead, Warminster Page 2 REVIEW OF DOCUMENTATION

Officers recommended that the same set of conditions as originally imposed should be set, should the committee be minded to grant consent. Conditions 11 and 13 are relevant because they set the extent of the buffer around the perimeter of the Site and make provisions for its long term management. This is significant because they will result in a green buffer around the Site which exceeds the buffer shown on the illustrated masterplan which was prepared prior to these conditions arising. This plan was drawn up using dimensions from the edge of the water, not top of bank, the extra width of the bank increases the width of the buffer significantly. The enlarged buffer will further ensure that the perceived separation between Warminster and Bishopstrow will remain and the required management plan will ensure that it achieves these objectives. The two relevant conditions are:

11. Prior to commencement of the development, a scheme to maintain and enhance the River Avon SAC as agreed with the Environment Agency and Natural England shall be submitted to and approved in writing by the local planning authority. The scheme will demonstrate the works to be undertaken within 8 metres of the river and ditches to enhance existing habitats and support the wider programme of river restoration works being promoted by the Environment Agency. It will also include details of a water quality monitoring programme that has been agreed with the Environment Agency. The works will be undertaken in accordance with the approved scheme. REASON: In the interests of maintaining the ecological interest of the River Wylye corridor and River Avon system SSSI.

13. Following the approval of a future reserved matters application, all new development shall lie solely within Flood Zone 1 (sequential approach). In addition, irrespective of the extent of the Flood Zones, there shall be no development within 8 metres of the top of the bank of 'main' river (River Wylye) and no development within 4 metres of the top of bank of 'ordinary' watercourses. Provision shall be made for [controlled] vehicular access route(s) to these 'no development' areas / wider 'main' river and 'ordinary' watercourse corridors. REASON: To provide riparian owner access to facilitate maintenance The proposed planning conditions will result in an increase in the and possible future improvements. width of the perimeter buffer zone to that shown on the illustrative masterplan, minimising further the perception of coalescence. The enlarged buffer arises because the banks are wide. The distance between the top of the bank and the Boreham Road is approximately 10 m, giving a minimum buffer of 14 m (since it is an Ordinary Water Course). To the east the bank of the Wylye varies between 4- 7m giving a buffer of between 12 m and 15 m since it is ‘Main River’. In both instances the green buffer is likely to increase by an additional 5 -10 m if the back gardens to the proposed properties are factored in. There is, therefore, the space and the opportunity to manage and enhance the existing boundary tree and hedge cover and increase the screening effect.

Boreham Mead, Warminster Page 3 PATTERN OF SETTLEMENT DISTRIBUTION

Policies designed to prevent coalescence are A view looking southeast taken features of some Local Plans or Local from a drone in May this year Development Frameworks and typically showing the setting of identify a defined Local Gap between two Bishopstrow The village is a small significant settlements within which policies settlement with just one main apply designed to prevent coalescence. There street but has a substantial green is no such physically defined planning policy setting provided by the grounds of area between Bishopstrow and the Bishopstrowe College, Eastleigh Warminster Settlement Framework. Court, mature tree cover and surrounding farmland. The Bishopstrow is a small, disparate settlement. proposed Boreham Mead The most readily identifiable ‘village centre’ residential site lies beyond the comprises a row of approximately 32 lower left corner of the image. properties which tightly flank Bishopstrow Road for approximately 220 m (as illustrated by the adjoining photographs). The majority of the dwellings within the village are terraced and apart from Cobbett Rise (which leads to the church and a converted farm) there are no side roads and no street network.

The identifiable village centre comprises a compact section of ribbon development which starts 360 m further along the road from the Site. It is not a settlement of the degree of stature that normally warrants protection from coalescence polices. There is sufficient green space/countryside between the Site and the village core to maintain a sense of separation and the Conservation Area encompasses this greenspace to ensure protection is provided. The Site lies outside the Conservation Area.

The village is small, comprising rows of terraced cottages flanking Bishopstrow Road

Boreham Mead, Warminster Page 4 PATTERN OF SETTLEMENT DISTRIBUTION

Bishopstrow’s identity is better encapsulated by the Bishopstrow This view from Boreham Conservation Area which encompasses a much wider area which Road east of the Site includes the grounds of Bishopstrow House (400 m to the south east of illustrates the character of the Site) and an extensive area of riverine farmland within which are set settlement distribution isolated groups of properties. The wide Conservation Area boundary along the main roads in and the farmland provide the setting to the settlement. The Site lies the Boreham and outside of the Conservation Area and the judge has ruled that Wiltshire Bishopstrow area. The Council was correct in coming to the conclusion when determining the pattern is of almost original application there would be no adverse effects on heritage assets, continuous sporadic i.e. the setting to the Conservation Area. If there is no adverse effect on development rather than the setting of the Conservation Area there can be no adverse effect on large clearly defined areas Site the settlement arising from perceived coalescence since the heart of the of rural separation. The settlement is deep within the Conservation Area which in itself forms proposed development the setting to the village. area, set behind the perimeter buffer, only The reasons for refusal also refer to the Site being an “area of open comes into view when countryside” despite officer’s acknowledgment that it is visually well immediately passing the contained. When approaching the site from all four directions the Site is Site (from all directions). not visible until you come upon it, due to rising ground, buildings and tree cover. Significantly the far bank of the river on the south side of the Site cuts into rising ground which screens the Site from land further south, including Bishopstrow.

The character of this edge of Warminster is of a matrix of small pockets This view from south of the mill shows how the of development set within a riverine landscape with high tree and land rises between the Site and Bishopstrow, hedgerow cover. The proposed development will fit in with this protecting its setting and minimising any settlement character. perception of coalescence.

The Site lies behind the river corridor

Boreham Mead, Warminster Page 5 VISUAL ENCLOSURE

Bishopstrow The Mill College

River

Site

The 360 degree panorama taken by a drone within the centre of the site and at an elevation higher than the height of a two storey house indicates the high level of visual enclosure afforded by the site.

Boreham Recreation ground Conservation area Consented residential Boreham Road scheme

Bishopstrow Road

The site The Mill This drone image illustrates how the site has a strong relationship with Boreham and is a logical small scale urban extension on the edge of the town. The mill and consented residential scheme on the former bus depot lie between the site and conservation area. The conservation area includes the fields which provide the setting to Bishopstrow.

Boreham Mead, Warminster Page 6 THE PERCEPTION OF SEPARATION

The following photographs illustrate how the proposed development will have very little visibility to people travelling along the Bishopstrow Road between Boreham Road and the village centre. The perception of coalescence will be minimal.

V 4 V 3 V 5 Village V 2 1 V centre

Site

Boreham Mead Boreham Mead site screened by site screened by trees trees and building and the mill

Site behind tree cover Former bus depot development site

1 2 3

Boreham Mead, Warminster Page 7 THE PERCEPTION OF SEPARATION

4 5

View from the start of the rank of terraced cottages. View from the southside of the village looking back towards the Site The Site lies around a bend, beyond the grounds of which lies beyond the Conservation Area and the setting of the village Bishopstrow College, beyond rising ground and beyond the tree lined river corridor.

Boreham Mead, Warminster Page 8 THE CHARACTER AND EXTENT OF THE PROTECTED GREENSPACE

Mill and site Centre of behind Bishopstrow

A 180 degree pan taken between the village centre and the site, looking west, to illustrated the green buffer provided by the grounds of Bishopstrow College

Bishopstrowe College River Wylye

Bishopstrow Road

A 180 degree pan taken between the village cente and the site, looking east to illustrate the green buffer provided by the flooplain of the River Wylye. V

Boreham Mead, Warminster Page 9 CONCLUSION

The setting of Bishopstrow is afforded protection by its Conservation Area. Historic England and Wiltshire Council have all agreed that there would be no detrimental effect to heritage assets, such as the Conservation Area. In its latest decision Wiltshire Council regards coalescence as a detrimental effect while at the same time agreeing that there will be no detrimental effect to the Conservation Area, which acts as an adequate buffer protecting the setting of the village. If the same planning conditions apply as set when the original application was approved, the width of the green buffer around the margins of the proposed development will increase, affording further protection to the setting of the Conservation Area and there will be a management plan in place to ensure that landscape and ecological objectives are met.

The proposed development will be in keeping with the pattern of settlement distribution in the area and it has been acknowledged throughout the planning process by Wiltshire Council that the Site is well enclosed.

In my opinion Wiltshire Council’s reasons for refusal in regard to coalescence and the effect on the character of the “open” countryside are contrary to its own earlier assessment, which is well documented, and my own view that the proposed development can be accommodated on the Site with no significant detriment to landscape character or the setting of settlements.

Boreham Mead, Warminster