Committee and Date Item/Paper Area Regulatory Committee – North (Wem) 6

15th September 2009 Public

Development Management Report

Application Number: 09/00507/OUT Parish:

Grid Ref: 363582 - 332144

Proposal: Outline application for the erection of a motel and new vehicular access

Site Address: Proposed Motel Site Tern Hill

Applicant: Mr Arthur Bevan

Case Officer: Mr Mark Perry email: [email protected]

1.0 THEPROPOSAL 1.1 The submitted application seeks outline planning permission for the erection of a motel, the original submission included a café element; this has now been removed from the scheme. At this stage the applicant only wants to obtain consent for the principle of the development and the proposed method of access into the site.

2.0 SITE LOCATION/DESCRIPTION 2.1 The site is located in Tern Hill which is one of the major road intersections in the area, the roundabout is the point where the A53 and the A41 cross one another. The site is a triangular area of green field land which has existing hedgerows along two of its sides, in the past the field has been used for grazing and growing crops. There is other built development adjacent to the roundabout, this includes a petrol filling station, bed and breakfast accommodation and a former agricultural barn which has been converted into a number of dwellings, and there are also a number of other commercial and residential premises further away from the roundabout.

3.0 RECOMMENDATIONS Permission be granted subject to conditions 4.0 REASON FOR COMMITTEE 4.1 Parish Council object to the proposed development

5.0 PLANNING HISTORY 5.1 No relevant planning history

6.0 CONSULTEE RESPONSES 6.1 Parish Council (Sutton)- object on the grounds that it may cause financial loss to existing businesses in the area.

Neighbouring Parish Council ()- object on the following grounds: The roundabout is already very busy No need for additional accommodation in the area The must be protected

Highways- no objection subject to highway improvements in order to control the direction and flow of traffic leaving and entering the site, as well as appropriate signage. Suggest that the café element of the scheme is removed.

Environment Agency- no objection

7.0 PUBLIC REPRESENTATIONS 7.1 10 letters of representation received objecting on the following grounds:

- Competition to existing B&B’s - No need for additional B&B accommodation - There has been a decline in hotel trade - There are other existing redundant facilities which have not been purchased- former Little Chef and the Raven Pub - Inappropriate location- it should be located in a Market Town or on brownfield land. - Site is an area of special environmental interest - Septic tank is inadequate for a 40 bedroom motel - Impact on the River tern - Loss of the most versatile agricultural land - Impact on the Listed Ternhill Farmhouse - Increased traffic - A41 and A53 are busy roads, more entrances will cause more congestion - Highway safety - Motel car park would be used as a shortcut - Increase in heavy traffic - Heavy congestion at the roundabout at peak times - The allocation under policy In6 for ‘roadside services’ is only for the filling station site. - Levels of pollution at the roundabout due to car fumes - Increased noise and smells - Loss of privacy - Loss of open countryside views - Size and intensity will impact on the area 8.0 PLANNING POLICY 8.1 Central Government Guidance: PPS1- Delivering Sustainable Development PPS23- Planning and Pollution Control

West Midlands Regional Spatial Strategy Policies: 8.2 QE1: Conserving and Enhancing the Environment QE2: Restoring degraded areas and managing and creating high quality new environments QE3: Creating a high quality built environment for all

Local Plan: 8.3 D1- General Development Control Criteria D2- Design Principles L1- Development in the Countryside L5- Area of Special Environmental Interest In6- Roadside Services

9.0 THEMAINPLANNINGISSUES  Principle of Development  Access and Highway Safety  Ecological Issues  Drainage  Visual Impact  Impact on neighbour amenities

10.0 OFFICER APPRAISAL 10.1 Principle of Development

10.1.1 The application site is located outside any of the development boundaries detailed in the adopted North Shropshire Local Plan 2005. Normally there is a presumption against development in such an area however in this instance the Tern Hill roundabout junction is identified under policy In6 as being an appropriate location for new roadside services, this includes facilities such as petrol filling stations, cafes and motels. The ‘roadside services’ allocation is not site specific but merely covers the general area of the Tern Hill roundabout, as the application site is very close to the roundabout and the proposal is one of the facilities/ services that is listed under policy In6 it is considered that the principle of such a development is acceptable, subject to meeting other development control criteria.

10.1.2 A number of residents have made reference to the fact that there are already a number of other Bed and Breakfast and hotel establishments nearby and that their guest rooms are not being filled and that additional over night accommodation would jeopardise their profitability. The applicant has stated in response to some of the representations made that the proposal is likely to be at the lower and cheaper end of the market whereas the nearby businesses are at the more expensive end of the market.

10.1.3 The issue of competition between similar businesses is not a material planning consideration in the determination of a planning application. PPS6 which although aimed principally at town centres has one section still relevant to a proposal such as this. It states that ‘It is not the role of the planning system to restrict competition, preserve existing commercial interests’.

10.2 Design, Scale and Character 10.2.1 At this stage the applicant is only seeking to obtain consent for the principle of a motel on the site and for the proposed access. The appearance, landscaping, layout and scale have all been reserved for later approval so is not being considered under this application. However, the applicant has provided some indication of the scale of development that they consider would be appropriate for the site. The applicant states that they are proposing a motel with a footprint measuring 50 by 15 metres with two storeys; the applicant is of the view that a 40 bedroom motel would require 50 car parking spaces to be available.

10.2.2 The immediate area offers a range of different sized buildings, some of which would be taller than the two storey building that is being proposed, for instance the nearby B&B is a three storey building which is grade II Listed and would be significantly taller than the proposed motel. On the opposite side of the A53 there are less tall buildings including a range of traditional agricultural barns which have been converted into dwellings; these have ridge heights of approximately 6.5 metres, these would be lower that the proposed motel.

The external appearance along with the landscaping, layout and scale of the building would be fully considered following the submission of any subsequent reserved matters application to ensure that it is appropriate for the rural context of the site and to ensure that it does not have any detrimental impact on the setting of the Listed building which would be approximately 50 metres away from the motel.

10.3 Access and Highway Safety 10.3.1 The application proposes the creation of two new accesses into the site, one would be from the A41 southern arm of the roundabout and the second would be from the A53 western arm. To support the application the applicant has commissioned an independent highways appraisal of the development. It is predicted that a 40 bedroom motel would generate 19 vehicle movements during the am peak traffic period and 26 movements during the peak pm traffic period.

10.3.2 The report concludes that the proposed development and the resulting vehicle movements would not materially impact upon the existing junction.

10.3.3 The Council’s Highway Engineer has been in discussions with the applicant’s consultant and they have arrived at a solution to ensure the safe movement of vehicles to and from the site. In brief it is considered that the traffic levels likely to be generated by the development are acceptable. A central refuge should be provided to prevent drivers turning right then leaving the site. The details will need to be agreed with the highways authority. Adequate visibility can be maintained from the A53 for all vehicle movements and that additional signing will be required on the approach roads and the roundabout.

10.3.4 An issue raised by neighbours is the fact that there have previously been fatalities on or around the roundabout. The Highways Officer has looked into this and has found that there have been two serious accidents which caused one fatality and one serious injury. Both of these accidents involved motorcyclists. However both of these deaths were not related to this stretch of highway per se and related to driver behaviour rather that inadequacies of the road system. One was outside the Stormy Petral public house where a motorcyclist carried out a wheelie before losing control and colliding with a car; the motorcyclist was killed, the second was where an intoxicated driver an into the back of a motorcyclist; the motor cyclist was seriously injured.

10.4 Impact on Neighbour Amenities 10.4.1 The area surrounding the application site contains a mix of commercial and residential uses and is already dominated by the large volume of traffic using the A53 and the A41, and as a consequence there is already substantial vehicle noise; especially at peak hours when there can be queues on the approach to the roundabout. It is considered that the likely number of vehicle movements that would be associated with the motel would not detrimentally increase levels of vehicle noise or pollution from vehicle emissions.

10.4.2 The proposed motel by it very nature will not generate high levels of activity, noise or nuisance. There will be vehicle movement into the site as guests arrive and leave but these would be staggered over a period of time and any noise generated would blend the existing noise created by the existing highway network.

10.5 Drainage 10.5.1 There is no mains drainage in Tern Hill, accordingly the applicant proposes the installation of a private treatment plant which would then have its outfall to the River Tern 9not a septic tank as referred to by a neighbour). The Environment Agency has been in consultation and they are of the opinion that the discharge of treated sewerage to the River Tern would be unlikely to impact on fish/ wildlife because of the large dilution factor. Full details of the proposed drainage system which should include Sustainable Urban Drainage Systems will form part of a planning condition of any consent.

10.6 Ecological issues 10.6.1 The site is a green field piece of land that is approximately 300 metres away from the River Tern. The site has also been used for grazing during the past 10 years and prior to this is was used for growing maize and sugar beet; this has been confirmed in consultation responses from neighbours. As a consequence it would be very unlikely that the site has any significant ecological value.

10.7 Area of Special Environmental Interest 10.7.1 The Tern Valley is classed as an area of special environmental interest under policy L5 of the Local Plan. The policy states that the valley is “a varied landscape of river valley, parkland and man-made features including a canal” and that the area is “of high importance where public access is permitted” and that it is “highly valued locally for its amenity value”. The application site does not have any public rights of way crossing it and it is considered that its development at a point furthest from the river and close to other existing built development would not have any detrimental impact on its visual amenity value subject to an appropriate design and scale.

10.8 Loss of Agricultural Lane The applicant’s agent has stated that the site is Grade III agricultural land. Whilst policy D1 recognises the value of such land it is not considered to be exceptionally prime and of such high quality to prevent development. The quality of the land would have been a consideration during the Local Plan process when the area was allocated as being appropriate for roadside services. The allocation could have been far more site and area specific instead of the ‘general’ allocation.

11.0 CONCLUSION 11.1 The adopted North Shropshire Local Plan 2005 has already identified the application site as being an appropriate location for a motel. The highways section have confirmed that a satisfactory access can be achieved without any risk to highway users of the flow of existing traffic. As such it is considered that the proposal complies with policies D1 and In6 of the adopted North Shropshire Local Plan 2005 and is therefore recommended for approval.

LIST OF BACKGROUND PAPERS:

HUMAN RIGHTS Article 8 give the right to respect for private and family life and First Protocol Article 1 allows for the peaceful enjoyment of possessions. These have to be balanced against the rights and freedoms of others and the orderly development of the County in the interests of the Community.

First Protocol Article 1 requires that the desires of landowners must be balanced against the impact of development upon nationally important features and the impact on residents.

This legislation has been taken into account in arriving at the above recommendation.

Environmental Appraisal Contained within report Risk Management Appraisal None Community / Consultations Appraisal Contained within the report Member Champion Martin Taylor-Smith Local Member Cllr Davies Appendices None Reason for Approval

The proposed motel is located on a site that has been identified as being appropriate for new road side service, which includes motels. It is considered that the site can be developed without harming the amenity value of the area and that a satisfactory access can be created. It is considered that the proposal complies with policies D1, D2, In6, L1 and L5 of the Adopted North Shropshire Local Plan 2005.

Conditions

1. Details of the appearance, landscaping, layout and scale (hereinafter called “the reserved matters”) shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason: The application is an outline application under the provisions of Article 1(2) of the Town and Country Planning General Development (Procedure) Order 1995 and no particulars have been submitted with respect to the matters reserved in this permission.

2. Application for approval of reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission

Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act, 1990.

3. The development hereby permitted shall begin before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act, 1990.

4. The following information shall be submitted to the local planning authority concurrently with the first submission of reserved matters:

The means of enclosure of the site The means of access for disabled people The drainage of the site The finished floor levels

Reason: To ensure the development is of an appropriate standard.

5. This permission does not purport to grant consent for the layout shown on the deposited plan Number Plan 2 Rev A submitted with this application.

Reason: To enable the Local Planning Authority to consider the siting of the development when the reserved matters are submitted. 6. The proposed motel shall be no greater than two storeys in height or have a footprint greater that the 750 square metres specified on the submitted plans.

Reason: To ensure that satisfactory scale of the development

7. Prior to the commencement of development full engineering details of the vehicle access / egress arrangements to the site via the A41 and A53 together with visibility splays and alterations to the road lining and the provision of appropriate traffic direction signing of the development, internal and external, shall be submitted to and approved in writing by the Local Planning Authority; the agreed scheme shall be implemented fully in accordance with the approved details prior to the development being first brought into use / occupied.

Reason: In the interest of highway safety