DEVELOPMENT MANAGEMENT COMMITTEE April 24th 2017
Case No: 16/02519/OUT (OUTLINE APPLICATION)
Proposal: UP TO 80 RESIDENTIAL DWELLINGS (INCLUDING AFFORDABLE HOUSING, INTRODUCTION OF STRUCTURAL PLANTING AND LANDSCAPING, INFORMAL PUBLIC OPEN SPACE AND CHILDREN'S PLAY AREA, SURFACE WATER ATTENUATION, VEHICULAR ACCESS POINT FROM STATION ROAD AND ASSOCIATED ANCILLARY WORKS.
Location: LAND BETWEEN OLD MILL AVENUE AND STATION ROAD AND 43 STATION ROAD WARBOYS
Applicant: MR GLADMAN DEVELOPMENTS LIMITED
Grid Ref: 531051 280593
Date of Registration: 29.11.2016
Parish: WARBOYS
RECOMMENDATION - APPROVE
This application is reported to the Development Management Panel as Warboys Parish Council's recommendation of refusal is contrary to the officer's recommendation of approval. In addition this application is a departure from planning policy
1. DESCRIPTION OF SITE AND APPLICATION
1.1 The site is located to the north of the built up area of Warboys, and comprises an arable field bordered by housing, hedgerows and fields. It is 3.63 hectares in size, with existing housing on Coronation Avenue and Orchard Close backing on to the site in the north and the rear of properties on Flaxen Walk to the south, separated from the site by two small field parcels. To the immediate east is a newt reserve and beyond that a site that benefits from planning permission for 120 dwellings (under ref 1301790OUT). David Wilson Homes have commenced development on this site. Access to the site the subject of this application would be via this new scheme mentioned above, and off Station Road. To the west the landscape is more open with fields for agriculture and a network of footpaths. A Public Right of Way (Warboys FP245/4) runs from the north-west corner of the site, through the field where it connects with the housing in the south. The site comprises a gentle slope falling from the north east to the south west.
1.2 The site falls within Flood Zone 1. Table 1 of the PPG defines land located within Flood Zone 1 as areas which are outside the flood plain and have little or no chance of flooding. These are areas with an indicative probability of flooding of 1 in 1000 years or greater (i.e. less than 0.1% chance in any given year) from fluvial sources.
1.3 This application is in outline with access to be considered at the outline stage. Layout, Scale, Appearance and Landscaping are ‘Reserved Matters’ to be considered at a future date (should outline permission be granted). The application is accompanied by an illustrative layout (included within the Design & Access Statement) showing how it could be developed and demonstrating how the site can be capable of accommodating the scale of development proposed (up to 80 dwellings). The illustrative layout is not necessarily the way the development will be carried out; that will be established at the reserved matters stage.
1.4 Officers consider, based on the tests (specifically ownership and intention) related to the breaking up of sites, that this application, for up to 80 dwellings needs to be considered alongside the adjacent permission for 120 houses. Accordingly for S106 purposes the application needs to be considered as a large scale major (being 200 or more units)
2. NATIONAL GUIDANCE
2.1 The National Planning Policy Framework (2012) sets out the three dimensions to sustainable development - an economic role, a social role and an environmental role - and outlines the presumption in favour of sustainable development. Under the heading of Delivering Sustainable Development, the Framework sets out the Government's planning policies for : building a strong, competitive economy; ensuring the vitality of town centres; supporting a prosperous rural economy; promoting sustainable transport; supporting high quality communications infrastructure; delivering a wide choice of high quality homes; requiring good design; promoting healthy communities; protecting Green Belt land; meeting the challenge of climate change, flooding and coastal change; conserving and enhancing the natural environment; conserving and enhancing the historic environment; and facilitating the sustainable use of minerals.
2.2 Paragraphs 203-205 state that “Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition. Planning obligations should only be sought where they meet all of the following tests: * necessary to make the development acceptable in planning terms; * directly related to the development; and * fairly and reasonably related in scale and kind to the development. Where obligations are being sought or revised, local planning authorities should take account of changes in market conditions over time and, wherever appropriate, be sufficiently flexible to prevent planned development being stalled.” Planning Practice Guidance 2014
For full details visit the government website https://www.gov.uk/government/organisations/department-for-communities- and-local-government
3. PLANNING POLICIES
3.1 Saved policies from the Huntingdonshire Local Plan (1995) • H23: Outside Settlements • H31: Residential privacy and amenity standards • H37: Environmental pollution • H38: Noise Pollution • T18: Access requirements for new development • T19: Pedestrian Routes and Footpath • T20: Cycle Routes • T21: Public Transport Services • R1:Recreation and Leisure Provision • R2: Recreation and Leisure Provision • R3: Recreation and Leisure Provision • R7 Land and Facilities • R8: Land and Facilities • R12: Land and Facilities • En12: Archaeological Implications • En13: Archaeological Implications • En14: Open spaces and frontages • En17: Development in the Countryside • En18: Protection of countryside features • En19: Trees and Landscape • En20: Landscaping Scheme • En22: Conservation • En23: Conservation • En24: Access for the disabled • En25: General Design Criteria • CS8: Water • CS9: Flood water management
3.2 Local Plan Alteration 2002 • HL5 - Quality and Density of Development • HL6 - Housing Density • HL10 – Choice in new housing • OB2 - Maintenance of Open Space
3.3 Adopted Huntingdonshire Local Development Framework Core Strategy (2009) • CS1: Sustainable development in Huntingdonshire • CS2: Strategic housing development • CS3: The Settlement Hierarchy • CS4: Affordable Housing in Development • CS10: Contributions to Infrastructure Requirements
3.4 Draft Huntingdonshire Local Plan to 2036: Stage 3 (2013) • LP1 Strategy and principles for development • LP2 Contributing to Infrastructure Delivery • LP3 Communications Infrastructure • LP6 Flood Risk and Water Management • LP7 Strategic Green Infrastructure Enhancement • LP9 Development in Key Service Centres • LP 11 The Relationship Between the Built-up Area and the Countryside • LP13 Quality of Design • LP14 Reducing Carbon Dioxide Emissions • LP15 Ensuring a High Standard of Amenity • LP17 Sustainable Travel • LP18 Parking Provision • LP24 Housing Mix • LP25 Affordable Housing Provision • LP26 Homes in the Countryside • LP 28 Biodiversity and Protected Habitats and Species • LP 29 Trees, Woodland and Related Features • LP 30 Open Space • LP 31 Heritage Assets and their Settings
3.5 Huntingdonshire Design Guide (2017)
3.6 Huntingdonshire Landscape and Townscape Assessment (2007)
3.7 Huntingdon Strategic Flood Risk Assessment (2010)
3.8 LDF Developers Contributions SPD (2011)
3.9 RECAP CCC Waste Management Design Guide (CCC SPD) (2012)
Local policies are viewable at https://www.huntingdonshire.gov.uk
4. PLANNING HISTORY
4.1 Neighbouring site to the East 1301790OUT - Demolition of 43 Station Road and the residential development of site to provide up to 120 dwellings with associated infrastructure – Granted - 29.01.2015
4.2 15/02021/S73 - Variation of condition 20 of application reference: 1301790OUT to: Prior to commencement of development mitigation measures shall be carried out in accordance with the details in planning application reference: 15/01816/FUL, unless minor variations are otherwise agreed in writing with the Local Planning Authority – Granted - 15.06.2016
4.3 15/01817/REM - 120 dwellings and supporting infrastructure including details of access, appearance, landscaping, layout and scale – Granted - 15.06.2016
4.4 15/01816/FUL - The construction of 3 no. new ponds and associated landscape habitats for ecological mitigation as part of a great crested newt mitigation strategy and attenuation pond as part of a drainage strategy in connection with residential development on adjacent land (ref: 1301790OUT)- Granted - 15.06.2016
4.5 16/01989/REM - Reserved matters approval for the detailed design of the electricity substation to be installed at the site entrance on the eastern boundary of the site at the junction with Station Road – Granted - 28.11.2016
5. CONSULTATIONS
5.1 Warboys Parish Council recommends refusal on the following grounds: - (a) that the site is not allocated in the draft Huntingdonshire Local Plan to 2036: as such it would be contrary to the provisions of the Development Plan and should be refused;
- (b) that the single point of access to the highway network at the site off the former 43 Station Road is inadequate to accommodate vehicular movements from 200 dwellings;
- (c) Some 300 dwellings have either been approved or allocated for development in Phase 4 of the Huntingdonshire Local Plan to 2036, representing an increase of almost 20% in the number of dwellings in the Parish. Despite the applicant arguments that there has been limited growth, the 300 dwellings will address the issue of an aging population, falling school roll.
- (d) that the arguments contained in the documentation accompanying the application of the need to address the consequences of an aging population, falling school roll etc. are self- perpetuating and could be used to make the case for any development irrespective of its location and need;
- (e) that the site is not sustainable in terms of local employment opportunities. There are few employers in Warboys and the vast majority of the occupants of the proposed development, if approved, would travel outside the village to work by car adding to the existing congestion on local roads at peak times. The majority of the local businesses mentioned in the documentation accompanying the application as being potential employers are extremely small, some comprising only a self-employed person or a handful of employees and would be incapable of providing employment opportunities for the great majority of the occupants of the proposed development;
- (f) that the local bus services would be inadequate with their current schedules in providing transport for the occupants of the proposed development to travel to and from work outside the village at peak times, contrary to the impression created in the documentation accompanying the application;
- (g) that in an age of on-line shopping, home deliveries and a proliferation of supermarkets and superstores, there is no certainty that the development proposed would generate additional trade for retail businesses within Warboys, contrary to the arguments used in the documentation accompanying the application as justification for the development;
- (h) that notwithstanding the references in the documentation accompanying the application for additional growth being required to provide affordable housing, the proposed composition of the private housing in the development proposed for 3,4 and 5 bedroomed detached dwellings only will not achieve the desired aim of enabling people to buy their own homes; and
- (i) that the documentation accompanying the application contains factual inaccuracies about the village of Warboys, obvious examples being a parish council of 12 as opposed to 15 councillors, the existence of societies that no longer exist, the proportion of bungalows in the village, which calls into question the veracity of the assertions made in favour of development.
In the event of the application being approved, the Parish Council would recommend the inclusion of the following conditions:-
- (a) a section 106 agreement requiring the provision of community benefits in Warboys commensurate with a development of 200 dwellings. When the application for 120 dwellings was submitted in 2013, no mention was made of a further application for the development of adjoining land yet the former application is now clearly referred to as phase one of a larger development in the documentation accompanying the application. Such community benefit should include a contribution towards the replacement of the existing village hall and improvement to outdoor sports facilities;
- (b) a landscape buffer on the western boundary of the site of the proposed development that would preclude any access to the development of further land to the west;
- (c) a housing mix of homes for sale that included a greater proportion of two bedroomed homes and which includes a proportion of bungalows;
- (d) improvements to the public footpath network to Flaxen Walk and village facilities to avoid the necessity for long pedestrian journeys to access the school etc. by using estate roads, Station Road, High Street etc. and to deter the use of motor vehicles.
In more recent emails the parish have
1 - asked for a wheel wash facility to be included on site to ensure that mud isn’t being brought on to the highway
2 – asked for a pedestrian crossing in Humberdale Way as the County Council have recently withdrawn the school crossing patrol that operated there.
Officer response – The matters raised are addressed in the main body of the report below. Notwithstanding officers have explored with the developer the opportunity to contribute towards a replacement village hall. The developer have had discussions with the Parish Council. It has been found that the Parish do not have a scheme drawn up or costings. Taking this on board the developer feel that such a contribution would not be CIL compliant and may open the application up to legal challenge. Your officers agree with the developer on these points and consider it not necessary to make the development acceptable in planning terms.
5.2 Anglian Water - Waste water treatment - The foul drainage from this development is in the catchment of Oldhurst Water Recycling Centre which currently does not have capacity to treat the flows from the development site. Notwithstanding Anglian Water are obligated to accept the foul flows from development with the benefit of planning consent and would therefore take the necessary steps to ensure that there is sufficient treatment capacity should the planning authority grant planning permission.
5.3 Anglian Water - Foul Sewerage Network - Development will lead to an unacceptable risk of flooding downstream. Notwithstanding a development impact assessment has been prepared in consultation with Anglian Water to determine a feasible mitigation solution. Condition requested requiring compliance with agreed drainage strategy.
Officers response – Should planning permission be granted an appropriately worded condition will be appended to secure the above.
5.4 Cambridgeshire County Council archaeology (CCA) – The site is located in a landscape of high archaeological potential. Cropmarks to the west of the site have identified circular enclosures, linear features and a possible building (HER MCB20261). Furthermore, recent archaeological evaluation undertaken in connection with the adjacent development site (1301790OUT) have identified features and human skeletal remains of probable Saxon date (HER ECB4648). CCA advise that it is likely that important archaeological remains survive in the area, including potential for further burials, possibly a cemetery. CCA strongly recommend that the site is subject to an archaeological evaluation, to be commissioned and undertaken at the expense of the developer, and carried out prior to any planning determination. The evaluation results should allow for the fuller consideration of the presence/absence, nature, extent, quality and survival of archaeological remains within the development area. An informed judgement can then be made as to whether any planning consent will need to include provisions for the recording and, more importantly, the preservation of important archaeological remains in situ.
Officer response: – CCA asked for this on the adjoining site (Application No. 1301790OUT) however the LPA concluded that it was not proportionate to require this work to be done upfront. On that application it was concluded that a pre-commencement condition would suffice. A condition requesting the applicant to submit a scheme of Archaeological works is therefore recommended on this application.
5.5 Cambridgeshire County Council – Education - (CCCE) – Early years – CCCE advise that the housing development could take the number of eligible 2-4 year olds living in the catchment from 107 to 119 which is above the current capacity. In addition, there are also a number of other developments proceeding in and around Warboys. The approved developments will generate an additional 77 (39 funded) early years children. Therefore there is not enough capacity for Early Years in Warboys. Primary Provision – CCCE state that in addition to this application there are also a number of other developments proceeding in and around the Warboys. The approved developments will generate 68 primary school children and this development is forecast to generate an additional 28 pupils. CCCE advise that by 2020/21 there will not be capacity at Warboys Primary School. County Council Education advise that there is scope to expand Warboys Community Primary School. The cost of a 0.5 FE expansion would cost in the region of £2,590,000. County Council education are asking for £21,583 for each addition school place (in this case 28 school places). Secondary Provision – CCCE state that Abbey College is the catchment secondary school for Ramsey, Warboys, Somersham, Earith, Bluntisham and the surrounding rural area. In addition to this application CCCE add that there are also a number of other developments proceeding in and around the Warboys. The approved or in progress developments will generate 342 secondary school aged children and this development is forecast to generate an additional 20 pupils. CCE advise that by 2020/21 there will not be capacity at Abbey College.
Officer response – The applicant has agreed to a contribution of £604,324 (28 x £21,583) towards an expansion of Warboys Community Primary School. In addition CIL processes could be used to increase capacity within the above mentioned schools and thus mitigate the impact.
5.6 Cambridgeshire County Council Highways – No objection subject to a Mitigation Package. Should the development go ahead the developer should: 1 - Provide funding of £36,000 towards the cost of the provision of real time bus information at two bus stops on Mill Green 2 - Implement additional works up to the value of £10,000 to the Public Right of Way no. 4 between the site and Flaxen Walk as required as part of S278 works 3 - To install 5 cycle parking stands in Warboys as part of S278 work 4 - Travel plan
Officer response – The developer has agreed to the mitigation package. Points 1-3 would be secured through S106, and point 4 to be secured by planning condition
5.7 Cambridgeshire County Council Lead Local Flood Authority (LLFA) – The LLFA have reviewed the submitted documents and can confirm that they have no objection in principle to the proposed development. The applicant has demonstrated that surface water can be dealt with on site by using swales and an attenuation pond, restricting surface water discharge to 3l/s/developable ha. The LLFA recommend a series of surface water drainage conditions.
Officer response – Should planning permission be granted conditions will be appended to secure the above.
5.8 Cambridgeshire County Council Libraries and Lifelong Learning (LALL) – This proposal is likely to generate 200 additional residents (80 dwellings x 2.5 persons) Warboys is currently served by a small community library of 129 sq m operational space. The existing library does not have enough spare capacity to meet the needs of the additional new residents. The LALL are seeking a developer contribution of £42.12 per head of increased population (the figure of £42.12 per head of population is based on the MLA document “Public Libraries, Archives and New Developments” 2010). This equates to a contribution towards library and lifelong learning mitigation of £8,424 (£42.12 x 200 new residents). The LALL state that the contribution would be spent on • Additional information and fiction books for adults, including large print books and story CDs for people with hearing and sight impairment • Children’s story books, picture books and board books for babies and toddlers, as well as books for teenagers. • Shelving to accommodate the new books and resources • Additional furniture, including study tables and chairs for customers
Officer response. The applicants have agreed to meet this contribution
5.9 Cambridgeshire County Council Rights of Way (ROW)– Public Footpath No. 4, Warboys runs across the development site. ROW have no objection to this development and welcome that the existing Public Footpath is to be retained and improved on its current alignment. ROW recommend the following conditions - a condition requiring submission of an access scheme - a condition requiring that the definitive line of the public right of way be marked out on site
Officer response: Should planning permission be granted conditions will be appended to secure the above.
5.10 Cambridgeshire Fire & Rescue Service – Should the planning authority be minded to grant approval, the fire authority would ask that adequate provision be made for fire hydrants
Officer response: Should planning permission be granted conditions will be appended to secure the above.
5.11 Environment Agency (EA) – Foul Drainage – The EA have no concerns provided the drainage solutions identified within Appendix 1 of the Foul Drainage Analysis document are implemented as described. Water Resources – The EA state that Development should not be committed ahead of securing water supplies. The development lies within the area traditionally supplied by Anglian Water Services Ltd. The EA assume that water will be supplied using existing sources and under existing abstraction licence permissions. The EA state that planners should seek advice from the water company to find out whether this is the case, or whether a new source needs to be developed or a new abstraction licence is sought. The EA state that they may not be able to recommend a new or increase abstraction licence where water resources are fully committed to existing abstraction and the environment Pollution Prevention - The EA state that all surface water from roofs shall be piped directly to an approved surface water system using sealed downpipes and that open gullies should not be used. Furthermore only clean, uncontaminated surface water should be discharged to any soakaway, watercourse or surface water sewer and that site operators should ensure that there is no possibility of contaminated water entering and pollution surface or underground waters
Officer response – see comments from Anglian Water and CCC Lead Local Flood Authority. Should planning permission be granted foul water and surface drainage conditions will be appended to secure the above.
5.12 HDC Housing - If a development of this scale and at this location was found to be acceptable HDC Housing would wish to secure Affordable Housing in line with policy (currently 40% of the homes would need to be affordable housing). This should be secured via a Section 106 planning agreement rather than condition as suggested by the applicant.
Officer response: The applicant has agreed to 40% affordable housing. This will be secured by a S106 agreement and planning condition.
5.13 HDC Operations - Open Space - No objection - Based on the proposed number of dwellings (of unknown size properties), this development require in the region of 3816m2 of Public Open Space (POS) of which 864m2 should be dedicated to Parks & Gardens, 414m2 dedicated to Natural & Semi Natural, 576m2 dedicated to Community Gardens & Allotments, 1962m2 should be dedicated to amenity green space. The officer states that maintenance rates for the open space on site provision would be in line with the Developer Contributions SPD.
Officer response - As the proposal is classed as a large scale major application, officers have discussed with operations about the possibility of an equipped play area on site. Operations have advised that no play area contribution is required as 1 – the site is not big enough 2 – Warboys has a good coverage of play areas. Notwithstanding the above the applicant has demonstrated that 3816 m2 of POS can be achieved on site
5.14 HDC Operations - Refuse - The HDC Operation officers have asked for the applicant to provide tracking for the refuse vehicles on this development and bin collection points.
Officer response – The applicants have submitted the information requested. Officers are still awaiting final comments from the operations team, any subsequent response will be tabled to Members. Notwithstanding, this is an outline application and should permission be granted the comments above will be taken into account/addressed at a reserved matters stage
5.15 HDC Sports Development Manager (SDM) – The SDM recommends that the development should contribute £40,845 towards off-site formal outdoor sports. The SDM adds that this is best served on supporting additional grass pitches at Warboys Sports and Social Club, or alternatively supporting the renovation of the ancillary facilities on site. The officer confirms that both of these are identified within the Sports and Leisure Facilities Strategy and listed as a high priority under section 5.5
Officer response: £40,845 is based on 80 dwellings. A lesser pro rata contribution would be sort on the final number of dwellings approved at reserved matters.
5.16 Middle Level Commissioners – No response received
Officer response - Notwithstanding no response received, foul water and surface drainage conditions would be recommended should permission be granted, in line with consultee advice from Anglian Water, the EA and LLFA.
5.17 NHS England – There is 1 GP practice within a 2km radius of the proposed development. The practice does not have sufficient capacity for the additional growth resulting from this development and cumulative development growth in the area. Therefore a developer contribution, via Community Infrastructure Levy (CIL) processes, towards the capital funding to increase capacity within the GP Catchment Area would be sought to mitigate the impact.
Officer response – NHS England have been advised that this is a large scale major application and that S106 can be negotiated towards projects in Warboys to improve capacity. NHS England advise that they are seeking primary healthcare mitigation through the CIL process in relation to the application
5.18 Wildlife Trust (WT)- Given that the original population of newts recorded was quite small and nothing has been found on the current proposal site, the WT think a proportionate approach would be to ensure there are some areas within the overall green space are managed to discourage access and limit disturbance. The Trust note on the neighbouring housing development there is a corridor of green space going through the housing development. The WT would encourage something similar in the new area to help provide alternative connections between the two larger areas of greenspace. The WT state that there could also be smaller opportunities within the areas of housing to provide linked corridors, such as linking back gardens through small gaps in fences, etc., which is particularly beneficial for hedgehogs, but can also benefit great crested newts.
Officer response – Should permission be granted a condition can be attached to ensure that these comments will be taken into account/addressed at a reserved matters stage
6. REPRESENTATIONS
6.1 92 Local Residents consulted - 5 neighbour representations were made all objecting to the application. One representation includes a petition signed by 117 signatories. Objections raised are: * Concerns that the land is not allocated for development, the proposed number of units are not included in the 5 year land supply, and therefore the proposal is premature and should be refused (when looking at The Local Plan 2036 Stage 3) * Applications granted within Warboys total almost 300 dwellings and feel that this constitutes overdevelopment for the size of the village. * Concerns over additional cars on the single access road from the development site onto Station Road. * Concerns over access into driveways with the additional flow of traffic. * The public transport system is extremely limited and therefore residents of these houses are more likely to use their cars to commute * They feel approved plans will change the character of the village. * Current affordable housing in the village cannot be filled by people with any link to the village, so the need for more is questionable. Saying that, ‘with the planned, large, development at Wyton, the area does not need more housing outside of the current plan.’ * Concerns with the Infrastructure of the village as it can’t cope with the current population, the school and doctors surgery are already at full capacity. * Concerns over the sewage system as it currently struggles with heavy rain and the water pressure is sometimes so low that the boilers cut out. * Second phase proximity to current houses is unacceptable and will feel overlooked. * The proposal will have a negative impact on the environment (flooding, natural habitats for wildlife) * Loss of amenity (open space for dog walking) Officer Response: The above issues have been addressed in the main body of the report.
7. ASSESSMENT
7.1 The main planning issues are: - The principle of development - Highways and access - Flooding and drainage - Archaeology - Ecology and trees - Residential amenity - Provision of open space - Loss of agricultural land - Quantum of development - Section 106 considerations including affordable housing.
Principle Of Development:
Decision making process:
7.2 As set out within the Planning and Compulsory Purchase Act 2004 (section 38(6)) and the Town and Country Planning Act 1990 (section 70(2)) in dealing with planning applications the Local Planning Authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations. This is reiterated within paragraphs 2, 11, 196 and 210 of the NPPF. The development plan is defined in section 38(3)(b) of the 2004 Act as "the development plan documents (taken as a whole) that have been adopted or approved in that area".
7.3 In Huntingdonshire the development plan consists of: • Saved policies from the Huntingdonshire Local Plan 1995 (Parts 1 and 2) • Saved policies from the Huntingdonshire Local Plan Alteration 2002 • Adopted Core Strategy 2009 • Huntingdon West Area Action Plan 2011 • Cambridgeshire & Peterborough Minerals and Waste Development Plan Core Strategy and Proposals Map C 2011 and Site Specific Proposals Plan and Proposals Map A and B 2012
7.4 The National Planning Policy Framework does not change the status of the Council’s Development Plan, although it is a material consideration and it advises that planning applications should be considered in the context of the presumption of favour of sustainable development. The Framework says sustainable development is that which achieves economic, social and environmental gains jointly and simultaneously through the planning system. For housing development, the Framework requires each Council to meet its objectively assessed housing needs as far as is consistent with the policies in the Framework. Paragraph 47 of the NPPF elaborates on the duty placed on LPA to boost significantly the supply of housing and specifically use their evidence base to ensure that their Local Plan meets the full objectively assessed needs for market and affordable housing, and identify and update annually a supply of specific deliverable sites sufficient to provide five year worth of housing against their housing requirements. The Framework also says good design is a key element of sustainable development and this includes the effect of development on the intrinsic character and beauty of the countryside, and enhancing the natural and built environment.
Development in the countryside:
7.5 The application site comprises agricultural land to the south and west of the built up parts of the village and it has the appearance and perception of land that is outside of the built up parts of the village. The Core Strategy 2009 is the most recently adopted part of the development plan and it establishes the Council’s Settlement Hierarchy and its Spatial Strategy to meeting housing needs.
7.6 Warboys is a village that is defined in the Core Strategy (policy CS3 – Settlement Hierarchy) as one of a number of designated Key Service Centres. A Key Service Centre is defined by policy CS3 as "a large village with a good level of services such as a primary school within the village, a secondary school within the village or easily accessible by public transport, primary health care facilities, such as a GP surgery, a range of shops and services that can meet day-to-day needs, local employment opportunities and a reasonable public transport service to higher order settlements".
7.7 Policy CS3 provides support for housing within the existing built up area of each Key Service Centre, but it limits general housing development outside of the built up area (with the exception of essential needs housing and specific allocations) to protect the character and appearance of the countryside and setting of the settlement, and to promote sustainable development patterns. Policy CS3 therefore allows growth of a Key Service Centre within the built up area as opposed to the expansion beyond the settlements built-up area.
7.8 The scale of development within a Key Service Centre that is permissible by policy CS3 of the Core Strategy is up to 'moderate' scale (moderate scale in the context of the Core Strategy means 10- 59 dwellings), albeit consideration will be given to ‘larger’ scale development (large scale in the context of the Core Strategy means 60 or more dwellings) where specific circumstances demonstrate that this secures the most sustainable option for the site. Policy CS3 of the Core Strategy defines what land is, and is not within the built up area of a settlement and having regard to this, it is considered that the application site is located on land outside of the built-up area of Warboys and in the countryside. The proposal is therefore in direct conflict with the aims of policy CS3. Policy CS2 of Core Strategy 2009 which operates at a higher level than CS3, does not provide for housing development on the application land, or for any other expansion of Warboys beyond its built up area.
7.9 Furthermore, policy En17 of the Local Plan to 1995 seeks to “generally restrict” general housing development beyond village environmental limits (settlement boundary) and on unallocated sites. The application land is located beyond the village environmental limits and it is not allocated for housing development within the Local Plan 1995, or the 2002 Alteration to it. The proposal is therefore in conflict with policy En17.
7.10 The land is not a proposed allocation for housing within the emerging Draft Local Plan to 2036. Draft policies LP10 LP11 and LP26 also seek to allow growth of a Key Service Centre within its existing footprint as opposed to the expansion beyond and strictly controls new general housing development in the countryside.
7.11 For these reasons the location of the proposed housing is in principle contrary to the development plan and draft development plan policies.
7.12 Paras 215 and 216 of the NPPF give guidance on the weight to be given to policies in adopted and emerging plans. This advises that due weight should be given to policies according to their degree of consistency with the NPPF. Regarding the settlement hierarchy, the Local Plan and Core Strategy can be afforded significant weight as they are adopted policies that are consistent with the NPPF's aims of providing housing, and to promote sustainable development whist reflecting the character and scale of smaller villages and countryside, and recognising the intrinsic beauty of the countryside. Policies LP10, LP11 and LP26 of the Draft Local Plan to 2036 also support sustainable development proposals for housing and this is consistent with the core principles of the NPPF. However limited weight can only be given to these emerging policies as they may be subject to change.
7.13 As referred to above, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In light of the policy position clearly outlined above, it therefore needs to be established whether there are any material considerations that indicate that the application should be approved as a departure from the Development Plan.
Housing land supply:
7.14 The NPPF requires a Local Planning Authority (LPA) to have a Local Plan which meets, in full, the objectively assessed need for market and affordable housing in the housing market area. It also requires an LPA to identify specific sites equivalent to five years’ worth of deliverable housing sites against this requirement with an additional buffer of 5% to ensure choice and competition in the market. If the Council as LPA is not able to do so, its housing supply policies should be considered out of date and if policies are out of date (or silent or absent) the fourth bullet point of paragraph 14 of the NPPF is triggered and the Council is advised to grant planning permission unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits of granting planning permission.
7.15 It is the Council’s case that paragraph 14 is not triggered by this proposal because the Council’s housing supply policies are up to date; a point made by Inspector Ian Radcliffe in a recent appeal decision APP/H0520/W/15/3129205 dated Feb 2016.
7.16 The Council recognises that Paragraph 49 of the NPPF requires housing applications to be considered in the context of sustainable development and para. 55 of the NPPF explains that the supply of new homes may be best achieved through planning for larger scale development and suggests this could be an extension to existing villages or towns. The Council’s Core Strategy 2009 and Draft Local Plan to 2036, are examples of positive planning in that they propose extensions to existing villages and towns, and strategic expansion locations to achieve the required supply of new homes. The Council has identified 3 sites in the draft Local Plan as a potential housing allocation for the extension of Warboys village. These comprises - 4.6 ha of land south of Farrier’s Way, Warboys for 70 homes - 1.7 ha of land west of Ramsey Road, Warboys for 45 homes and - 0.4 ha of land rear of 64 high street, Warboys for 14 homes
7.17 Indeed the application site was not proposed to be allocated for reasons explained later in this report. It is now in front of the LPA as an outline application and must therefore be assessed afresh.
7.18 The Council’s Core Strategy 2009 (Paragraph 5.9 of the supporting text to policy CS2) set a housing supply target of 560 homes per year based upon figures in the now revoked East Of England Plan (2008). The objectively assessed need for housing has since been revised upwards to 840 dwellings per year, based on the figures in the current Cambridgeshire Strategic Housing Market Assessment (SHMA) 2013. This will enable the district to meet the overall objectively assessed need for 21,000 new homes in Huntingdonshire between 2011 and 2036.
7.19 The Council’s reliance on the target of 840 dwellings per year in the 2013 Cambridgeshire SHMA is consistent with the Planning Practice Guidance (PPG) which states that "Where evidence in Local Plans has become outdated and policies in emerging plans are not yet capable of carrying sufficient weight, information provided in the latest full assessment of housing needs should be considered"'(NPPG paragraph 30 Reference ID: 3-030-20140306).
7.20 In December 2016 the Council, in accordance with paragraph 47 of the NPPF (boosting housing supply), published, in the Annual Monitoring Report 2016, a housing land trajectory. This trajectory identified sufficient specific deliverable sites to provide 5 years’ worth of housing against the current target of 840 dwellings per year for 2011-2036. Based on the Sedgefield method, a 5.24 years supply is identified. The delivery trajectory for each site is agreed with the individual developer/ landowner wherever possible.
7.21 The Council acknowledge that the 5 year housing land supply figure does not represent an upper limit and this Council has approved a sustainable major housing development on unallocated land in the district despite having a 5 year supply of housing land (see application 16/00194/OUT). The fact that the Council has a demonstrable five year housing supply means the Council’s housing supply policies are considered up to date for the purposes of para. 49 of the NPPF.
7.22 Turning to the application site and its suitability for housing development, the site has a number of factors in its favour in terms of potential suitability for residential development as it: * is in flood zone 1, the lowest risk category for fluvial flooding and that to which the NPPF directs residential development in preference * is accessible to natural green space promoting leisure and health opportunities * is remote from heritage assets above ground * is in close proximity of a primary school and GP surgery (although it is noted that both the school and GP are at capacity – this issue is addressed later in the report) * is of sufficient scale to incorporate affordable housing within the site * is a sustainable walking distance to the nearest bus stop on (The closest bus stop to the development site lies approximately 10 minutes walking distance from the site and is located on Statfold Green. A further two bus stops are located on B1040 Mill Green, Which are less than 15 minutes’ walk from the site).
7.23 In terms of constraints to the potential suitability of the site for development (especially for residential purposes), it is located in an area of archaeological potential and the proposed development of the site will encroach significantly into open countryside and will therefore have landscape implications (the above issues have been assessed in detail further below). Ultimately, and in the context of Housing Land Supply and in light of the ‘prematurity’ objections from third parties, the above factors indicate that it would be inappropriate to refuse planning permission on the grounds of prematurity as it cannot be demonstrated that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits. The site has few physical constraints and so may be considered technically suitable, the site is also available, the proposed development achievable, and therefore deliverable.
7.24 In addition, PPG paragraph 014: reference ID: 21b-014-20140306 elaborates on this explaining that given the presumption in favour of development ‘arguments that an application is premature are unlikely to justify a refusal of planning permission other than where it is clear that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits’.
Affordable Housing
7.25 The application proposes affordable housing provision at 40% of the total (32 of 80 units) to be secured through Section 106 Agreement. Although the 40% affordable housing provision is welcomed, it should be remembered that it is a policy compliant provision and therefore accords with what should be expected on all qualifying sites. Should planning permission be granted affordable housing can be secured through a S106 agreement and planning condition.
7.26 Notwithstanding this, it is acknowledged that the LPA has not achieved target levels of affordable housing in the past and there is a backlog of need in excess of 3,000 households; this is in addition to the newly arising need of around 350 homes per annum based on figures in the 2013 Cambridgeshire SHMA. Taking these into account and the annual supply of affordable housing (not including new builds), there is a total expected need in the region of 8187 affordable dwellings which for the plan period 2011-2036 would equate to 327 affordable dwellings per annum, or a requirement of 39% of all sites.
7.27 However not all housing sites qualify for affordable housing (due to location, number of units or size of site). The proportion of affordable homes secured between 2002 and 2015 within the District is 21.88% of all homes approved, against targets of 29% for 2002-09 and 40% for 2009 onwards. If this proportion of affordable homes continues over the plan period from 2011-36, there would still be a significant shortfall in affordable housing delivery.
7.28 By providing the policy compliant proportion of affordable housing, this development is seeking to provide no more than the policy compliant level of affordable housing. All the same, this would equate to (up to) 32 affordable units (as the development seeks up to 80 dwellings) and would by itself provide 9.8% of the annual supply target of affordable housing (of 327) in the District. In recognition of this, the Council is taking a range of proactive steps, including as part of Devolution discussions and by using its own assets, to increase delivery.
7.29 Ultimately, should planning permission be granted affordable housing can be secured through a S106 agreement and planning condition to ensure that 40% affordable housing is provided, and to ensure that should this position changes in the future (i.e. a change in market conditions that would result in the scheme able to support 40% affordable housing), the planning condition will ensure that the issue of affordable housing is fully re-assessed.
7.30 As can be seen from the above paragraphs, the proposed 40% affordable housing provision does have social benefits, however the proposed development must be considered in the planning balance alongside the three dimensions of sustainable development as set out within the NPPF; i.e. economic, environmental and social.
The Effect Of The Proposal On The Character And Appearance Of The Countryside:
POLICY BACKGROUND:
7.31 Paragraph 109 of the NPPF says that the planning system should contribute to and enhance the natural and local environment by, amongst others, protecting and enhancing valued landscapes, geological conservation interests and soils. It is also a Core Principle in paragraph 17 of the NPPF that the planning system should recognise the intrinsic character and beauty of the countryside.
7.32 The Council in its preparation of the draft Local Plan to 2036 undertook three Environmental Capacity Studies (ECS) to determine the suitability of a range of sites for allocation in the emerging draft Local Plan to 2036, including sites in Warboys
7.33 The first ECS was prepared for Stage 2 of the Draft Local Plan and consulted on from August to November 2012.
7.34 The second ECS was prepared for Stage 3 of the Draft Local Plan and published for public consultation in May to July 2013
7.35 The third ECS covered an additional sites assessment with the consultation running from November until December 2013.
FIRST ECS:
7.36 The first ECS describes on page 84-85 how the green wedge of land between Humberdale Way and Station Road is in agricultural use and forms part of the rural fringe to the village. The ECS adds that the eastern part of the area between Orchard Close and Old Mill Avenue is elevated and is visible in views from the B1040 from where it is seen as a green wedge of land separating residential areas to the north and south. The ECS also states that this area contains clearly visible ridge and furrow earthworks associated with the archaeology. Taking the above into account the ECS concluded that: - development across the eastern parts would be visually intrusive and result in the loss of the existing landscape gap - development would potentially affect areas of archaeological importance and could intrude upon views from Ramsey Road and public footpaths - development on the site would lead to the coalescence of housing at Station Road with the main village to the south with the result that the village would seem much larger in the landscape
SECOND ECS:
7.37 The second ECS repeats the first.
THIRD ECS:
7.38 The third ECS states that the area is relatively flat and much is visually open with limited hedgerows and predominantly large fields other than those immediately bordering the northern edge of the village. The ECS adds that the roadsides have only very intermittent hedging or trees creating a very open aspect with long distance views across the area. As before the ECS states that part of the area serves as a green wedge of land separating residential areas to the north and south of the village and that the eastern part of the area between Orchard Close and Old Mill Avenue is more contained and is less visible in views from the B1040. The ECS advises that flooding and nature designations do not pose constraints on the area, that it is in close proximity to a local food shop and the primary school and that in common with all of Warboys it has limited access to local employment with St Ives offering the nearest major concentration of jobs.
7.39 The ECS concludes that development could be incorporated within the south-eastern part of the area if a substantial landscape buffer were provided to minimise its visual intrusion into the wider landscape.
ANALYSIS BY OFFICERS:
7.40 Officers have assessed the effect of the proposed development on the character and appearance of the countryside, have analysed the applicants Landscape and Visual Assessment (LVA), undertaken site visits and have had regard to the Environmental Capacity documents referred to above.
7.41 The site is in the Fen Margin Landscape Character Area (LCA). The Landscape and Townscape Assessment SPD comment on this LCA is that there has been considerable recent housing on the edges of most settlements (pg23) and that a key issue with regard to this LCA is the desirability of 'initiatives to soften and mitigate existing raw urban edges which have adverse impact on the surrounding landscape (p26). This site in Warboys typifies both of these matters.
7.42 Officers consider that there is an existing poor and rather convoluted edge to this part of Warboys where the housing of the last 50 years backs on to the fields that compose the application site, and the site of the recently consented development to the east. This housing comprises properties on Coronation Avenue, Orchard Close, Station Road, Old Mill Avenue, Humberdale Way and Flaxen Walk.
7.43 The submitted photos from viewpoints G/H/I/J (see the LVIA) give some indication of the edge conditions although the adverse visual effect is underplayed mainly due to the short comings of this particular style/specification of photographic representation.
7.44 The housing that backs on to the site is poorly screened by intermittent vegetation and the overall effect is an abrupt transition between urban and rural, or built up and open. The recently consented scheme (if implemented) will make a minor improvement to this situation but its western edge will be mostly taken up with a Great Crested Newt mitigation area and a large attenuation basin. Consequently officers do not foresee that this edge will include a significant tree belt or screen, contrary to the recommendation in the third ECS, and the housing on the western edge of the development (which faces over the perimeter road) will be visible in views into the site from the west, i.e. replicating the situation at other parts of the site perimeter. Furthermore officers consider that it will also be several years (minimum 10) before any planting matures and begins to fulfil any screening function.
7.45 Having considered the impact and opportunities of this site including its position relative to existing and consented development, Officers consider that the new proposal with its Public Open Space and structural planting on the western perimeter of the site would give the potential for a stronger and better screened edge with a more gradual transition to the wider countryside
Highways and access
7.46 Approval for the means of access to the development from the public highway is sought. Paragraph 32 of the National Planning Policy Framework sets the test that development should only be prevented or refused on transport grounds where the residual cumulative impacts of the developments would be severe. Further the NPPF requires all developments that generate significant amounts of movements to be supported by a Transport Assessment (TA) (Para 32). National and local planning policy relating to transport and access promotes sustainable and mixed use development which should give priority to pedestrian and cycle movements, have access to high quality public transport initiatives, create safe and secure layouts and minimising journey times.
7.47 Transport matters were raised as a concern by the Parish Council. The Parish Council commented that there are insufficient employment opportunities in Warboys to accommodate development of this scale thereby resulting in out-migration to employment opportunities on already over-capacity roads.
7.48 The application is accompanied by a TA prepared by Prime Transport Planning (which has been amended during the consideration of the application following discussions with the County Council as Local Highway Authority (LHA).
7.49 The main issue for the LPA is whether there would be any severe adverse effects on highway safety and traffic flow arising from the proposed development of up to 80 homes.
7.50 The Transport Assessment includes an assessment of how the road junctions close to the site would be likely to operate. The Local Highways Authority has confirmed that based on the information provided in support of the development, and subject to a travel plan condition and mitigation package (see s106 below), is not predicted to have an unacceptable impact on any of the junctions assessed.
7.51 Access arrangements are included within the application. Access to the site would be to the north of the Great Crested Newt Pond. The Local Highways Authority has raised no objection as the access conforms to an adopted standard.
Flooding and drainage
7.52 The overall approach to flooding is given in paragraphs 100-104 of the NPPF and these paragraphs set out a sequential, risk-based approach to the location of development. This approach is intended to ensure that areas at little or no risk of flooding are developed in preference to areas at higher risk. It involves applying a Sequential Test to steer development away from medium and high flood risk areas (FZ2 and FZ3 land respectively), to land with a low probability of flooding (FZ1).
7.53 The application site falls within FZ1 as designated by the Environment Agency's mapping which represents the lowest flood risk of flooding from rivers and sea.
7.54 The application is supported by a site specific flood risk assessment.
7.55 The FRA states that surface water flow from the development will need to be attenuated to a rate that is acceptable to the Environment Agency and the Lead Local Flood Authority. The outline drainage strategy submitted with the application presents attenuation of surface water in a detention basin as the most appropriate outline surface water drainage strategy for the development
7.56 The LLFA have reviewed the submitted documents and can confirm that they have no objection in principle to the proposed development. The applicant has demonstrated that surface water can be dealt with on site by using swales and an attenuation pond, restricting surface water discharge to 3l/s/developable ha. The LLFA recommend a series of surface water drainage conditions.
7.57 The conclusions of the drainage strategy submitted with the planning application are considered to be appropriate at this outline application stage, and it is recommended that a detailed surface water management strategy is secured by planning condition prior to the development of the site.
Foul Water
7.58 The proposed approach to foul water drainage is addressed in the FRA and then in more detail by the foul drainage analysis. This additional document advises that Phase 1 of the development is currently under construction and that its sewer network will have been completed prior to the commencement of this current application. The analysis goes on to state that the Sewers constructed to drain phase 2 will therefore be connected to Phase 1. Anglian Water have confirmed that they found this proposal acceptable in principle. Further the Environment Agency have no concerns provided the drainage solutions identified within the analysis are implemented as described.
Archaeology
7.59 The NPPF recognises the importance of preserving heritage assets and supports sustainable development. Paragraph 7 of the NPPF confirms the three strands of sustainability. In relation to environmental matters this confirms that this includes protecting our natural, built and historic environment. Section 12 of the NPPF (paragraphs 126 to 141) set out principles and policies for conserving and enhancing the historic environment. Paragraph 132 also advises that great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be.
7.60 The County Council recommended that the site be subject to an archaeological evaluation to be commissioned and undertaken at the expense of the developer and carried out prior to the granting of planning permission. This would allow fuller consideration of the presence/absence and nature of any archaeological remains within the application site.
7.61 The application was accompanied by an ‘archaeological desk based assessment’ that provided a description of known heritage assets potentially affected by the proposals and the character of other archaeological remains that may be present within the site. The conclusions of this assessment were - That recent archaeological trial trenching extended into the south- east of the development site and identified a single Early Saxon burial within the south-east part of the site. - That additional burials are anticipated to be present on the subject site - that some evidence of former Medieval and Post-Medieval ridge and furrow cultivation is anticipated to be present, but any surviving evidence of this is considered to have minimal archaeological interest.
7.62 Whilst it is acknowledged that a fuller archaeological evaluation prior to determination of the planning application would undoubtedly provide more information in relation to the potential for archaeological remains within the site, on balance, taking a consistent approach with the adjoining 120 dwelling development it is not considered proportionate to require this. It is recommended that a pre- commencement condition is imposed on any planning permission granted to secure an archaeological scheme of works.
Ecology and trees
Ecology
7.63 Paragraph 109 of the NPPF states that ‘the planning system should contribute to and enhance the natural and local environment by: - Protecting and enhancing valued landscapes, geological conservation interest and soils - Recognising the wider benefits of ecosystem services - Minimising impacts on biodiversity and providing net gains in biodiversity where possible
7.64 Local Plan policy En22 requires appropriate account be taken of nature and wildlife conservation and policy LP28 of the emerging Local Plan to 2036 aims to conserve and enhance biodiversity and advises that opportunities should be taken to achieve beneficial measures within the design and layout of the development and that existing features of biodiversity value should be maintained and enhanced
7.65 The site itself is not subject to any statutory or non-statutory nature conservation designation, nor are there any such designations located immediately adjacent to the site. Other statutory nature conservation and non-statutory designations are well separated from the site by major roads and residential areas and these ecological designations are unlikely to be adversely affected by the proposed development.
7.66 An Ecological Appraisal forms part of the application submission and provides details of the phase 1 habitat survey of the site. The majority of the site supports a cultivated arable field and managed poor semi- improved grass land, which are considered to be of negligible ecological value at the local level. All the hedgerows onsite qualify as habitats of principal importance under Section 41 of the Nerc Act 2006 as they comprise of more than 80% native species. It is considered that these hedgerows are likely to provide greater opportunities for a range of wildlife. Measures and recommendations are set out in order to safeguard and enhance these features.
7.67 Consideration has been given throughout the survey to potential presence of protected species.
7.68 Badgers – All badgers are protected (Badger Act 1992) No evidence or badger was recorded within the site or accessible land within 30 metres of the site boundary. Notwithstanding the site provides some limited foraging and commuting habitat for badgers in the form of the hedgerow bases throughout the site and scrub along the western boundary. It is accepted that there are no constraints to the development of the site from this species.
7.69 Bats – The survey concludes that the site offers no potential roosting habitat, such as suitable trees or buildings. Onsite suitable foraging and commuting habitat is limited to the scrub and hedgerows along the northern and southern boundaries, and the immature hedgerow along the eastern boundary. Due to the limited value of these features for bats, the loss of these features is not considered to be a constraint to the development of the site.
7.70 Birds – All Birds are protected while nesting by the WCA 1981 (as amended) Specifically protected Schedule 1 bird species are afforded additional protection from disturbance while nesting. The field and site boundary features including hedgerows, scrub and mature trees along the northern, southern and eastern boundaries provide some opportunities for foraging and nesting farmland and urban edge species. The arable field and managed poor semi- improved grassland provide potentially suitable habitat for ground nesting birds, however the whole site is extensively used by dog walker which is likely to deter any ground nesting species. Additional shrub and tree planting (see enhancement below) will enhance the value of the site for foraging and nesting.
7.71 Great Crested Newts – Great Crested Newts are afforded full protection under the Wildlife & Countryside Act 19781 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended) Surveys undertaken in 2013 and 2015 identified a small population (4 in pond 1 and 2 in pond 2) of great crested newts in ponds 130 metres to the east and 170 metres to the west of the site. No aquatic habitat is present within the site to provide suitable breeding opportunities for great crested newts. Notwithstanding suitable terrestrial habitat for this species is present onsite in the form of hedgerow, scrub, grassland and within the ditches. These habitats provide suitable foraging, sheltering/hibernating and commuting habitat within the site boundary. As part of the mitigation for the neighbouring development two new ponds located approximately 5 metres to the east of the site have been constructed.
7.72 It is acknowledged that suitable habitat to be lost to development includes 1 - a short section of hedgerow along the eastern boundary which will be lost to an access road onto the site from the adjacent residential development 2 – the grassland within the northern field 3 – the scrub within the central ditch 4 – the dense scrub land along the northern boundary
7.73 Taking the above into account prior to the commencement of development a European Protected Species Licence would need to be obtained from Natural England to ensure that no Great Crested Newts are killed or injured during site clearance/construction works.
7.74 Reptiles – Grass snake and common lizard and partially protected under Section 9 (1) and 9 (5) of Schedule 5 of the Wildlife and Countryside Act 1981 (as amended)Grass snake and common lizard are also identified as species of principal importance under Section 41 of the NERC Act 2006 and Local Biodiversity Action Plan species in Cambridgeshire.
7.75 The site provides suitable habitat for reptiles within the unmanaged grassland, scrub, hedgerow bases and onsite ditches. It is considered likely that grass snake and common lizard will be present within the site boundary. The appraisal indicates that the site will be subject to a translocation programme to move the reptiles (see enhancement below)
7.76 Mitigation and Enhancement - A number of enhancements for the benefit of biodiversity are available under the proposals with a range of recommendations, including the provision of new tree and shrub planting and the provision of bat and bird boxes are suggested by the developer to maximise opportunities for wildlife at the site. An ecological mitigation area (EMA) was created to provide mitigation for the adjacent residential development site to the east. The EMA was also designed to be of a sufficient size to accommodate great crested newts from the application site. The applicant adds that the mitigation area will continue to have connectivity to the surrounding environment via a green corridor along the southern site boundary. Finally the applicant proposes, in tandem with the great crested newts, to remove and translocate reptile from these areas to the new habitat within the Ecological Mitigation Area. This would be undertaken prior to the commencement of any site clearance works.
7.77 The Wildlife Trust and Council’s Landscape officer have reviewed the appraisal. Both parties have confirmed that they agree with the ecological assessment provided and conclude that the current ecological interest of the site is not likely to be significantly impacted by the proposals. Development of the site will provide opportunity to secure biodiversity enhancements and a condition can secure that the recommendations provided in the appraisal and subsequent emails are implemented in full.
7.78 The proposal is therefore considered to comply with the NPPF and local policies; given the broad consistency of these policies with the NPPF, En22 can be given full weight and LP28 reduced weight due to the stage of the emerging Local Plan and that policy wording may be subject to change
Trees
7.79 Trees – The site comprises a medium sized arable field parcel bounded to the north, east and west by linear forming tree groups and outgrown and unmanaged hedgerows. The northern boundary is shared with the rear gardens of the adjoining residential properties and provide the highest density of significant tree cover. The applicant has submitted an arboricultural assessment. The assessment states that the layout through its design will retain and incorporate the majority of the existing individual trees and vegetative growth identified in the assessment by virtue of their positions around the boundaries of the site. In addition to a significant number of trees being retained the applicant has agreed to increase the tree cover throughout the whole site.
7.80 The Council’s Landscape officer has reviewed the arboricultural assessment and agrees with the conclusions and states that with structural planting on the western perimeter of the site there is also the potential for a stronger and better screened edge with a more gradual transition to the wider countryside. The landscape officer adds that with a significant depth of tree belt as part of the POS [which could have filtered views in/out in places] on this edge and a more straightforward, shorter and less convoluted edge to the settlement would result. The officer concludes that the overall result when planting has matured would be a definite improvement to this section of the western edge of the settlement.
Residential amenity
7.81 As previously stated this application is in outline form only and as such the form, layout and design of the option provided as part of the application package are indicative only and identifies one of a number of possible options for the development of the site. The indicative scheme introduces buildings that are predominantly 2 storeys in height. The final layout and its impact on the existing neighbours will be considered fully at reserved matters stage.
7.82 The indicative scheme appears to indicate that a satisfactory separation distances between existing and emerging dwelling can be maintained, a such, it is considered that an acceptable level of amenity could be provided for the current occupiers in the vicinity of the site, and for future occupiers of the development. The proposed layout will also include private gardens for all dwellings. Notwithstanding a detailed assessment will take place at reserved matters stage.
Provision of open space
7.83 In accordance with Core Strategy policy CS10 and the Development Contributions SPD (Part B) proposal of between 10 and 199 dwelling are required to provide the development specific land for informal and formal open space. The overall requirement is 2.12 hectares per 1,000 population for usable informal green space and play and 1.61 hectares per population for outdoor sport. As the proposal is classed as a large scale major application, officers have discussed with operations about the possibility of an equipped play area on site. Operations have advised that no play area contribution is required as 1 – the site is not big enough 2 – warboys has a good coverage of play areas. . For 80 dwellings, and using the 2011 average household size of 2.25 persons per household the requirement for a development population of 180 would be 3816 square metres of public open space that would include 1962 square metres of amenity green space. Accordingly a Section 106 obligation should be secured to ensure that a minimum of 3816 square metres of public open space is provided. The proposed provision of open space is therefore considered adequate. Maintenance costs for the open space are addressed in the S106 section of this report
Loss of agricultural land
7.84 The application land is almost wholly agricultural land. This land would be lost to agricultural production if the development was to be permitted.
7.85 In terms of the quality of the land the application site comprises land that is shown by the national agricultural land classification (ALC) map to be mostly grade 2. Owing to the proportion of grade 2 land in the District and the inevitability that some of it will be lost to make way for new housing to expand existing settlements to meet housing supply targets, the Council does not have an automatic objection to housing developments of this scale on land that is grade 2.
7.86 The Council's Local Plan to 2036 - Sustainability Appraisal (SA) Scoping Report, sets out that there is little brownfield land in the District and that some 79% of the brownfield land within the District is located at former RAF bases at Alconbury and Upwood, which are proposed allocations for development of mainly housing, with the land at Alconbury benefitting from outline planning permission. This Scoping Report, explains the strong agricultural history of the District, with most of Huntingdonshire comprising of good quality agricultural land, mostly classed as grade 2 with only small areas classed as grade 4.
7.87 Para. 3.11 of the Sustainability Appraisal Scoping Report sets out that 98% of all agricultural land in the district is classed as grades 1, 2 or 3, with 15% classed as grade 1. The SA scoping report does not differentiate between grades 3a and 3b, and therefore to determine a percentage for Best Most Versatile (BMV) land some assumptions have to be made. The proportion of BMV land is estimated at 77%, derived as follows: take 15% off 98% to give the percentage of land within grades 2 and 3 (83%), assume an equal split between grades 2 and 3 (41.5% each)
7.88 The NPPF advises in para. 112 that the economic and other benefits of developing on agricultural BMV land should be taken into account and that where significant development of agricultural land is demonstrated to be necessary, LPAs should seek to use areas of poorer quality land in preference to that of higher quality. Annex 2 of the NPPF defines BMV land to be land in Grades 1, 2 and 3a of the Agricultural Land Classification.
7.89 The Council recognises that the proposal could, assuming that part of the land is within grade 2, lead to loss of BMV land, however due to the amount of grade 2 and site area, it is not considered that the loss of that land to residential is 'significant' in the context of the para. 112 of the NPPF when taking into account the threshold for consultation with Natural England is 20ha of BMV land proposed for development.
Section 106 considerations including affordable housing.
7.90 The Infrastructure Business Plan 2013/2014 (2013) was developed by the Growth and Infrastructure Group of the Huntingdonshire Local Strategic Partnership. It helps to identify the infrastructure needs arising from development proposed to 2036 through the Core Strategy.
7.91 Statutory tests set out in the Community Infrastructure Regulations 2010 require that S.106 planning obligations must be necessary to make the development acceptable in planning terms, directly related to the development and fairly and reasonable related in scale and kind to the development. S.106 obligations are intended to make development acceptable which would otherwise be unacceptable in planning terms.
7.92 As stated at the top of the report officers consider, based on the tests (specifically ownership and intention) related to the breaking up of sites, that this application, for up to 80 dwellings needs to be considered alongside the adjacent permission for 120 houses. Accordingly for S106 purposes the application needs to be considered as a large scale major (being 200 or more units)
7.93 Notwithstanding the above and without prejudice to the eventual determination of this outline planning application, the applicants have been advised of the extent of the obligations required to make this 80 development scheme acceptable
The obligations are summarised below.
Affordable Housing
7.94 The site is over 0.5 ha in size and therefore the development should seek to achieve a target of 40% affordable housing in accordance with Core Strategy Policy CS4 and the Developer Contributions SPD (Part A). With the proposed number of dwellings (up to 80 dwellings) this would equate to 32 dwellings.
7.95 Should the Reserved Matters application seek approval for less than 80 dwellings, the affordable housing the target number of affordable dwellings would reduce accordingly.
7.96 The developer has agreed to 40% affordable housing.
Green Space Provision:
7.97 In accordance with Core Strategy policy CS10 and the Developer Contributions SPD (Part B) proposals of between 10 and 199 dwellings are required to provide the development specific land for informal and formal open space. The overall requirement is 2.12 ha per 1,000 population for usable, informal green space and play, and 1.61 ha per population for outdoor sport. Accordingly, the Section 106 obligation will secure open space provision in accordance with the Developer Contribution SPD. 7.98 As the proposal is classed as a large scale major application, officers have discussed with operations about the possibility of an equipped play area on site. Operations have advised that no play area contribution is required as 1 – the site is not big enough 2 – Warboys has a good coverage of play areas.
7.99 For 80 dwellings, and using the 2011 average household size of 2.25 persons per household the requirement for a development population of 178 would be 3816 square metres of public open space that would include 1962 square metres of amenity green space. Accordingly a Section 106 obligation should be secured to ensure that a minimum of 3816 square metres of public open is provided. The proposed provision of open space is therefore considered adequate.
7.100 Should the Reserved Matters application seek approval for less than 80 dwellings, the open space provision will be adjusted Contributions SPD.
Green Space Maintenance:
7.101 The Developer Contributions SPD sets out maintenance rates for open space that will cover a fifteen year period. Developer contributions in line with the final agreed provision of open space will also be secured via a Section 106 Agreement. This would comprise either a commuted sum or the transfer of the open space to a maintenance company that would be set up by the developer and funded through contributions by the residents living on the site.
Outdoor Sport
7.102 With regards to outdoor sport the Developer Contributions SPD 2011 (Page 25/B.44) states that developments between 10 and 449 units will be required to make an offsite contribution to enhance existing facilities. The Council’s Sports Development Manager advises that the outdoor contribution for this application should be £40,845 (£40,845 is based on 80 dwellings. A lesser pro rata contribution will be sort on the final number of dwellings approved at reserved matters) towards outdoor formal sports provision in lieu of provision on site, and that the sum should be used to support additional grass pitches at Warboys Sports and Social Club. The proposed offsite contribution towards outdoor formal sports provision would be subject to the Statutory tests set out in the Community Infrastructure Regulations 2010.
Highway mitigation
7.103 In considering the Transport Assessment and opportunities to encourage sustainable modes of travel, the County Council and the applicant have agreed that the Section 106 agreement would make provision 1 – for a contribution of £36,000 towards the cost of the provision of real time bus information at two bus stops on Mill Green; this will ensure bus use to key destinations is sufficiently encouraged; 2 - to install 5 cycle parking stands in Warboys, this will ensure cycling is sufficiently encouraged and 3 - to implement works to PROW NO.4 (between the site and Flaxen Walk) up to the value of £10,000, this will ensure that walking is sufficiently encouraged. Accordingly, it is recommended that the Section 106 agreement makes this provision.
Primary Education
7.104 Warboys Community Primary School is at capacity. The applicant has agreed to a contribution of £604,324 (28 school places x £21,583) towards an expansion of Warboys Community Primary School.
Libraries and lifelong learning
7.105 Warboys is currently served by a small community library of 129 sq m operational space. The existing library does not have enough spare capacity to meet the needs of the additional new residents. The applicants have agreed to a contribution of £8,424 (£42.12 x 200 new residents). Towards • Additional information and fiction books for adults, including large print books and story CDs for people with hearing and sight impairment • Children’s story books, picture books and board books for babies and toddlers, as well as books for teenagers. • Shelving to accommodate the new books and resources • Additional furniture, including study tables and chairs for customers
Other community provision:
7.106 All other financial contributions Health (part D), Community facilities (part E), Education and schools (part G) would be dealt with through CIL. The figure will depend on the final number and size of dwellings provided. This would be paid for by the developer to the Council who would then be responsible for spending it.
Residential Wheeled Bins:
7.107 Each dwelling will require the provision of one black, blue and green- wheeled bin.
7.108 The cost of such provision per dwelling confirmed for 2015/16 is £73.65 For flats within the development, communal 1100 litre bins could be provided rather than individual bins for each dwelling. The cost for communal bins in 2016/17 is £669. As such a formula based approach is suggested with the scheme and details will be secured through the S106 Agreement.
Planning Balance & Conclusion:
7.109 The NPPF has at its heart the presumption in favour of sustainable development. To be sustainable, development must, as noted in paragraph 6 of the NPPF, strike a satisfactory balance between the economic, the environmental and the social considerations.
7.110 In terms of the economic dimension of sustainable development, the proposal would contribute towards economic growth, including job creation - during the construction phase and in the longer term through the additional population assisting the local economy through spending on local services/facilities. There will also be Council Tax receipts arising from the development. The loss of this small parcel of agricultural land on the edge of a Key Service Centre may result in a slight loss to the economy, however this is considered to be low. The loss of agricultural land is outweighed by the positive economic benefits of this development, in this location.
7.111 Regarding the social dimension, the site would increase the supply of housing including a policy compliant provision of affordable housing at 40%. There is a local identified need for both private and affordable housing. Whilst the weight afforded to this development’s contribution to the supply of affordable housing is lessened given that it is (only) policy compliant, there would be a net benefit in social terms. The County Council has reported that, without expansion, there would be no capacity in local schools to accommodate children from this development if other consented developments are built out. In addition to a CIL payment the applicant has agreed a S106 contribution toward additional school places at Warboys community primary school. The provision of affordable housing and monies towards Warboys primary school weigh in favour of the development.
7.112 In terms of the environmental dimension of sustainable development, the proposal offers potential for additional planting and habitat enhancement through Sustainable Urban Drainage and landscape buffers which weigh in its favour. The proposal would result in the permanent loss of BMV land but this loss is not considered to be significant. The relative positions of existing and consented development results in a poor interface with the open countryside. Importantly, the additional landscaping would provide a net benefit to the appearance of this edge of the village. It is therefore considered that there will be a net benefit in environmental terms.
7.113 Having fully assessed all three dimensions of sustainable development; economic, social and environmental within this report it is concluded that the development of this site will: - provide an additional (on top of CIL) financial contribution towards 28 additional school places at Warboys Community Primary School - provide a supply of affordable and market housing to meet the needs of current and future generations - promote healthy, active lifestyle through green space provision - maximise opportunities for use of public transport, walking and cycling - manage flood risk and drainage effectively - contribute towards Warboys library and lifelong learning - have less than substantial harm on archaeological interest which is outweighed by the identified benefits of the development - provide enhanced features of landscape and ecological value and a net benefit to the appearance of this edge of the village - provide appropriate infrastructure to meet the needs generated by the development
7.114 For these reasons, and on balance, the proposal is considered to constitute sustainable development. Whilst acknowledging that the site lies outside of the built-up area and development would result in a departure from the Development Plan, there are material considerations that indicate that permission should be granted and the application should therefore be approved subject to the recommended obligations and conditions.
8. RECOMMENDATION - APPROVAL subject to the prior completion of a Section 106 obligation relating to affordable housing, open space and wheeled bins and to conditions to include those listed below. OR RECOMMENDATION - REFUSE in the event that the obligation referred to above has not been completed and the applicant is unwilling to agree to an extended period for determination, on the grounds that the applicant is unwilling to complete the obligation necessary to make the development acceptable.
APPROVAL subject to the conditions below • Timing of permission and submission of Reserved Matters • Reserved matters minus access development shall be carried out in accordance with the approved reserved matters • Fire hydrants • Archaeological scheme of works • Surface water drainage strategy • Foul water drainage strategy • Tree protection details • Construction Environmental Management Plan • Ecological mitigation (Great Crested Newts and reptiles) • Highways conditions (including details of access) • Scheme for accessing construction traffic to the development including on-site parking and turning facilities • Design and Access Statement principles • Finished floor levels • Affordable housing provision at 40% • Pedestrian links to the PRoW and PRoW be marked out on site • Framework travel plan • Construction hours restriction to reduce noise impact for neighbours • Ecological Enhancement • Materials
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CONTACT OFFICER: Enquiries about this report to Mr Andrew Cundy Development Management Team Leader 01480 388370
Development Management Committee
Scale =1:5,000 Application Ref:16/02519/OUT
Date Created: 02/03/2017 © Crown copyright and database rights 2017 Location: Warboys Ordnance Survey HDC 100022322
27.6m
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Pond Church 75
Garratt Drive 22 58
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School House 10a
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Church 4 - 1 MILL GREEN 21
The The Barns
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GEORGE LANE 6 63 54
20 Shelter 49 59 21 NOTES This drawing is the property of FPCR Environment and Design Ltd and is issued on the condition it is not reproduced, retained or disclosed to any unauthorised person, either wholly or in part without written consent of FPCR Environment and Design Ltd. Ordnance Survey Mastermap - Crown Copyright. All rights reserved. Licence Number: 100019980 (Centremapslive.com).
N
0 25 50 75 100 125m
KEY
Application Site Boundary 3.67ha
A 06.10.2016 Planning GJH - 20.09.2016 First issue. GJH
rev date description drn chkd
masterplanning environmental assessment landscape design urban design FPCR Environment and Design Ltd ecology Lockington Hall architecture Lockington arboriculture Derby DE74 2RH HRET t: 01509 672772 f: 01509 674565 e: [email protected] w: www.fpcr.co.uk
client Gladman Developments Ltd
project Land West of Station Road Warboys
drawing title Location Plan
scale drawn / checked revision date 1:1250@A1 and 1:2500@A3 GJH 06 October 2016 drawing5525-L-08 number revA
CAD file: J:\5500\5525\LANDS\Plans\5525-L-08A_ Location Plan.dwg
This drawing is the property of FPCR Environment and Design Ltd and is issued on the condition it is not reproduced, retained or disclosed to any unauthorised person, either wholly or in part without written consent of FPCR Environment and Design Ltd. Ordnance Survey Mastermap - Crown Copyright. All rights reserved. Licence Number: 100019980 (Centremapslive.com)
Application Boundary 3.67ha
1 Proposed site access Coronation Avenue
Proposed residential 2 development (2.6ha) up to 80 dwellings @ circa 31dph 10 3 Proposed public open greenspace 11 Station Road 4 Proposed structural planting 8
7 Orchard Close 5 Existing trees and hedgerows retained 6 6 Proposed area of play: 0.04ha
7 Proposed trees 3 2 4 8 Existing Public Right of Way retained 9 1 Ash Close 16 9 Potential location for attenuation 5 13 17 10 Existing residential
14 11 Surrounding fields
Outline planning consent for up to 12 12 120 dwellings ref. 1301790OUT dated 29 January 2015 15 13 Proposed Newt Reserve as part of 11 planning consent for 1301790OUT
14 Proposed attenuation as part of planning consent for 1301790OUT
15 Footpath link as part of planning Humberdale Way consent for 1301790OUT
1516 Suitable fencing to Newt Reserve Flaxen Walk Old Mill Avenue to be specified at reserved matters
Flaxen Walk 10 1715 Location of proposed foul pumping station N Scale 1:1250 @ A1
0 25 50 75 100 125m
J:\5500\5525\LANDS\Plans\5525-L-06 Framework Plan Rev K.indd
masterplanning 1:1250@A1/1:2500@A3 environmental assessment Gladman Developments Ltd landscape design FPCR Environment and Design Ltd urban design Lockington Hall ecology Lockington 21 December 2016 GJH / JDE Derby DE74 2RH Land west of Station Road, Warboys DEVELOPMENT FRAMEWORK PLAN architecture arboriculture t: 01509 672772 f: 01509 674565 Huntingdonshire 5525-L-06 rev L fpcr e: [email protected] w: www.fpcr.co.uk