Public Document Pack

Shropshire Council Legal and Democratic Services Shirehall Abbey Foregate Shrewsbury SY2 6ND

Date: Monday, 2 March 2015

Committee: South Planning Committee

Date: Tuesday, 10 March 2015 Time: 2.00 pm Venue: Shrewsbury/Oswestry Room, Shirehall, Abbey Foregate, Shrewsbury, Shropshire, SY2 6ND

You are requested to attend the above meeting. The Agenda is attached

Claire Porter Head of Legal and Democratic Services (Monitoring Officer)

Members of the Committee Substitute Members of the Committee Stuart West (Chairman) Charlotte Barnes David Evans (Vice Chairman) Gwilym Butler Andy Boddington Lee Chapman Nigel Hartin Heather Kidd Richard Huffer Christian Lea John Hurst-Knight William Parr Cecilia Motley Vivienne Parry Madge Shineton Malcolm Pate Robert Tindall Kevin Turley David Turner Leslie Winwood Tina Woodward Michael Wood

Your Committee Officer is:

Linda Jeavons Committee Officer Tel: 01743 252738 Email: [email protected]

AGENDA

1 Apologies for Absence

To receive any apologies for absence.

2 Minutes (Pages 1 - 10)

To confirm the minutes of the South Planning Committee meeting held on 10 February 2015.

Contact Linda Jeavons (01743) 252738.

3 Public Question Time

To receive any questions, statements or petitions from the public, notice of which has been given in accordance with Procedure Rule 14.

4 Disclosable Pecuniary Interests

Members are reminded that they must not participate in the discussion or voting on any matter in which they have a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.

5 Brian Mear (Bricks) Ltd, Former Burway Abattoir, Bromfield Road, Ludlow, Shropshire, SY8 1DN (14/00563/FUL) (Pages 11 - 38)

Demolition of existing buildings on former Burway Abattoir site and erection of proposed petrol filling station and ancillary convenience store with new vehicular access (revised scheme).

6 Development Land East of Bridgnorth Road, Highley (14/02129/OUT) (Pages 39 - 54)

Outline application for residential development to include access, layout and scale.

7 Residential Development Land To The South Of Station Road, Ditton Priors, Shropshire (14/02943/OUT) (Pages 55 - 78)

Outline application for residential development (up to 16 dwellings) to include access.

8 Stanley Farm, Chorley, Bridgnorth, WV16 6PS (14/03842/FUL) (Pages 79 - 104)

Use of land for the stationing of 3 log cabins for accommodation for rehabilitation centre clients, construction of passing places and installation of package sewage treatment plant.

9 Stanley Farm, Chorley, Bridgnorth, WV16 6PS (14/03937/COU) (Pages 105 - 126)

Use of land for the stationing of one accommodation unit for on-site key worker; works to existing vehicular access track; installation of package sewage treatment plant.

10 Land South of Coalport Road, Broseley, Shropshire (14/04018/OUT) (Pages 127 - 154)

Outline planning application for residential development (including access, all other matters reserved).

11 Solar Farm, High Point Farm, Neen Sollars (14/04463/FUL) (Pages 155 - 194)

Fields at High Point Farm, Neen Sollars, Kidderminster, DY14 9AH.

12 Haulfryn, Halford, Craven Arms, Shropshire, SY7 9JG (15/00241/CPL) (Pages 195 - 200)

Application for lawful development certificate in respect of proposed erection of single- storey extension to southeast side of dwelling.

13 Development Management Report to seek Delegated Authority to Planning Officers (Pages 201 - 204)

Development Management Report to seek Delegated Authority to Planning Officers to reconsider reports previously presented to The South Planning Committee for housing schemes of 10 or less dwellings in light of the Ministerial Statement of 28th November 2014 and the decision of Cabinet dated 21st January 2015.

14 Schedule of Appeals and Appeal Decisions (Pages 205 - 224)

15 Date of the Next Meeting

To note that the next meeting of the South Planning Committee will be held at 2.00 pm on Tuesday, 7 April 2015 in the Shrewsbury Room, Shirehall.

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+ Committee and Date

South Planning Committee

10 March 2015

SOUTH PLANNING COMMITTEE

Minutes of the meeting held on 10 February 2015 2.00 - 4.19 pm in the Shrewsbury/Oswestry Room, Shirehall, Abbey Foregate, Shrewsbury, Shropshire, SY2 6ND

Responsible Officer : Linda Jeavons Email: [email protected] Tel: 01743 252738

Present Councillor Stuart West (Chairman) Councillors Andy Boddington, Nigel Hartin, Richard Huffer, John Hurst-Knight, Cecilia Motley, Madge Shineton, Robert Tindall, David Turner and Tina Woodward

113 Apologies for Absence

An apology for absence was received from Councillor David Evans.

114 Minutes

RESOLVED:

That the Minutes of the South Planning Committee held on 13 January 2015, be approved as a correct record and signed by the Chairman.

115 Public Question Time

There were no public questions, statements or petitions received.

116 Disclosable Pecuniary Interests

Members were reminded that they must not participate in the discussion or voting on any matter in which they had a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.

With reference to planning applications 14/01753/FUL and 14/01754/FUL, Councillor Cecilia Motley declared that she would leave the room and take no part in the consideration of, or voting on, these applications.

With reference to planning application 14/04930/FUL, Councillor Cecilia Motley declared that she was a member of The Shropshire Hills AONB Partnership and The Shropshire Hills AONB Partnership Management Board but had had no involvement with this application.

Page 1 Minutes of the South Planning Committee held on 10 February 2015

With reference to planning application 14/04930/FUL, Councillor David Turner declared that he was a member of the Management Board of the Shropshire Hills Area of Outstanding Natural Beauty Partnership but had had no involvement with this application.

117 Land South West Of Bridge House, Stretton Road, Much Wenlock, Shropshire (14/01753/FUL)

In accordance with her declaration at Minute No. 116, Councillor Cecilia Motley left the room during consideration of this item.

The Principal Planner introduced the application and with reference to the drawings displayed, he drew Members’ attention to the location, layout and landscape plan.

Members had undertaken a site visit that morning and had viewed the site and assessed the impact of the proposal on the surrounding area.

Members noted the additional information as set out in the Schedule of Additional Letters circulated prior to the meeting which provided points of clarification relating to the Much Wenlock Neighbourhood Development Plan.

In accordance with the Local Protocol for Councillors and Officers dealing with Regulatory Matters (Part 5, Paragraph 15.1) Councillor David Turner, as local Ward Councillor, made a statement and then left the room, took no part in the debate and did not vote on this item. During his statement, the following points were raised:

• The scheme had arisen from the Integrated Urban Drainage Management Plan and supported in the Much Wenlock Neighbourhood Plan; • This scheme, in conjunction with the Sytche Lane application also to be considered at this meeting, would significantly help alleviate the flooding in the area; and • He fully supported the proposal.

RESOLVED:

That planning permission be granted as per the Officer’s recommendation, subject to the conditions as set out in Appendix 1 to the report.

118 Sytche Lane, Much Wenlock, Shropshire (14/01754/FUL)

In accordance with her declaration at Minute No. 116, Councillor Cecilia Motley left the room during consideration of this item.

The Principal Planner introduced the application and with reference to the drawings displayed, he drew Members’ attention to the location, layout and landscape plan.

Members had undertaken a site visit that morning and had viewed the site and assessed the impact of the proposal on the surrounding area.

Contact: Linda Jeavons on 01743 252738 102 Page 2 Minutes of the South Planning Committee held on 10 February 2015

• He fully supported the proposal, which would provide flood relief for residents.

RESOLVED:

That planning permission be granted as per the Officer’s recommendation, subject to:

• The conditions as set out in Appendix 1 to the report; and • The additional Condition as set out in the Schedule of Additional Letters.

119 93 Damson Lane, Weston Heath, Shifnal, TF11 8RU (14/03090/FUL)

The Principal Planner introduced the application and with reference to the drawings displayed, he drew Members’ attention to the location and elevations.

Members had undertaken a site visit that morning and had viewed the site and assessed the impact of the proposal on the surrounding area.

Mr H Jackson, the agent, spoke for the proposal in accordance with the Council’s Scheme for Public Speaking at Planning Committees, during which the following points were raised:

• The proposal was in accordance with the National Planning Policy Framework (NPPF); • Local policies did not preclude development in open countryside; • Would provide much needed private smaller homes; • This was a windfall site and the proposal would help meet the five year land supply; • No harm had been identified and would support the local economy; and • Would be a sustainable development; and • In accordance with adopted local policy.

In the ensuing debate, Members considered the submitted plans and noted the comments of all speakers. In response to comments and concerns, the Principal Planner drew Members’ attention to paragraph 55 of the NPPF which indicated that new dwellings in the countryside would only be permitted in special circumstances and where an essential agricultural need could be justified; and referred to appeal decisions which had indicated that single dwellings would not significantly contribute

Contact: Linda Jeavons on 01743 252738 103 Page 3 Minutes of the South Planning Committee held on 10 February 2015

to or demonstrate sustainable development where they would have a high dependence on the use of the private car to access services.

RESOLVED:

That, as per the Officer’s recommendation, planning permission be refused for the following reasons:

• The proposed development is located within an area defined as open countryside where new dwellings are only permitted where required to accommodate key agricultural, forestry or other essential countryside workers or to meet a local need for affordable housing / accommodation. No such need has been demonstrated in this case and the proposal would lead to sporadic and unsustainable development. Accordingly the proposal fails to comply with adopted Core Strategy policies CS4, CS5, CS6, and CS17 of the Core Strategy; and Government advice contained in the National Planning Policy Framework (in particular paragraph 55).

120 Land Adj 29 Sycamore Road, Broseley, Shropshire (14/04219/FUL)

The Principal Planner introduced the application and with reference to the drawings displayed, he drew Members’ attention to the location, layout and elevations.

Members had undertaken a site visit that morning and had viewed the site and assessed the impact of the proposal on the surrounding area.

Members noted the additional information as set out in the Schedule of Additional Letters circulated prior to the meeting and which detailed further objection comments.

• He and Broseley Town Council objected to this proposal; • His concerns included impact on light, surface water, drainage and access; • Would have a detrimental impact on neighbouring properties which sat lower in the landscape and would be particularly overbearing on the property known as ‘Kenwood’; • The access onto Sycamore Row was already under pressure and there were no available parking spaces during the evening. He frequently received complaints about thoughtless parking; • He questioned how and where delivery and work vehicles would park and how materials would be transported to the site during the construction phase. He also expressed concerns about the potential for damage to other properties during construction; • Bradley Bank was a private drive and unadopted and the public footpath was already in a state of disrepair; and

Contact: Linda Jeavons on 01743 252738 104 Page 4 Minutes of the South Planning Committee held on 10 February 2015

• If granted he urged that appropriate conditions be added to ensure minimal impact on the surrounding properties during construction.

In the ensuing debate, Members considered the submitted plans and held differing views. Some Members expressed concerns relating to the surface water drainage and flooding issues that had been raised and the increase in traffic that had occurred over the years. Other Members commented and acknowledged that there had previously been a dwelling on this site, other legislation and powers would deal with the unadopted road and blocked drains and the car parking spaces would have to be constructed prior to the main building being brought into use.

RESOLVED:

That planning permission be granted as per the Officer’s recommendation, subject to the following:

• A Section 106 Legal Agreement in respect of an affordable housing contribution; and • The conditions as set out in Appendix 1 to the report.

121 Proposed Residential Development South Of A49, Ludlow, Shropshire (14/04455/OUT)

The Principal Planner introduced the application and with reference to the drawings displayed, he drew Members’ attention to the location, indicative layout, landscape and access. He advised that there were no outstanding objections from technical consultees. He further advised that, in response to objections, the applicant would be willing to amend the scheme and remove the proposed footbridge over the River Corve into Fishmore View from the proposal.

Members had undertaken a site visit on a previous occasion and had viewed the site and assessed the impact of the proposal on the surrounding area.

In accordance with the Local Protocol for Councillors and Officers dealing with Regulatory Matters (Part 5, Paragraph 15.1) Councillor Andy Boddington, as local Ward Councillor, made a statement and then left the room, took no part in the debate and did not vote on this item. During his statement, the following points were raised:

• He was not totally against development on this site but this site was less than perfect. There were many brownfield and greenfield sites in Ludlow all of which had limitations by virtue of their topography and historical core; • Too many houses would mean overdevelopment of the site. A smaller development would be more suitable; • The only road access was from the A49; • The development would look outwards from the town and would encourage people to drive away from Ludlow; • The proposed footbridge to Fishmore View would create a thoroughfare which would change the whole character of Fishmore View. The footbridge would not provide a link to local amenities because there were no amenities; and

Contact: Linda Jeavons on 01743 252738 105 Page 5 Minutes of the South Planning Committee held on 10 February 2015

• There had been limited engagement with the Town Council and residents.

In the ensuing debate, Members considered the submitted plans, noted the comments of all speakers and expressed differing views. A Member proposed the scheme subject to the deletion of Fishmore View footbridge but on being put to the vote this proposition was lost. Some Members commented that the site would not be suitable for the number and tenure of homes proposed by virtue of its proximity to the River Corve and railway and its associated dangers. They questioned the need to build homes that would require the installation of insulation to protect against noise and fumes, commented on the limited disability access and questioned how primary school children would get to and from school.

In response to comments and concerns, the Principal Planner and Solicitor reiterated that this was an outline application with access being the only matter for consideration at this stage and all other details would be the subject of a Reserved Matters application; the submitted layout was purely indicative; and as there had been no objections raised by technical consultees, including from highways, drainage, ecology and public protection, an appeal would be difficult to defend.

RESOLVED:

That, contrary to the Officer’s recommendation, planning permission be refused for the following reasons:

• The proposed development is considered to be unsustainable for the following reasons:

° The close proximity of the site to the A49, the River Corve and the railway line would pose a safety risk for children occupying the properties and noise from road and rail traffic would be detrimental to the amenities of residents. Accordingly the site is not suitable for small family homes and/or affordable dwellings; ° The site has poor accessibility with just one vehicular entrance and limited pedestrian and disability access. It is also a significant walking distance from the main amenities in Ludlow town centre and is therefore considered to be an unsuitable location for residential development; and ° Residential development in this location is not in accordance with the Development Plan (Core Strategy and South Shropshire Local Plan) or the emerging Site Allocations and Management Development Plan.

Accordingly, the proposal would be contrary to Policy CS6 Sustainable Design and Development Principles of the Council’s adopted Core Strategy. It would also fail to comply with Paragraph 17 (point 4) of the NPPF in that the benefits of the proposal in terms of the contribution to housing supply would be significantly and demonstrably outweigh by the adverse impacts.

Contact: Linda Jeavons on 01743 252738 106 Page 6 Minutes of the South Planning Committee held on 10 February 2015

122 Land North of Henley Common, Henley Lane, Acton Scott (14/04930/FUL)

The Principal Planner introduced the application and with reference to the drawings and photomontage displayed, he drew Members’ attention to the location.

Members had undertaken a site visit on a previous occasion and had viewed the area and assessed the impact of the proposal on the surrounding area.

Members noted the additional information as set out in the Schedule of Additional Letters circulated prior to the meeting and which detailed further comments from the Area of Outstanding Natural Beauty (AONB) Partnership, the applicant’s Landscape Consultant, Case Officer and objection comments.

Mr J Phillips, representing local residents, spoke against the proposal in accordance with the Council’s Scheme for Public Speaking at Planning Committees, during which the following points were raised:

• Would have a detrimental impact on the landscape and AONB; • The local community was opposed to the proposal; • Renewable energy should not be used to justify putting these solar panels in the wrong place; • The NPPF stated that the AONB should be afforded the highest state of protection; and • Would be contrary to the NPPF.

Mr J Wrench, representing Stretton Climate Care, spoke for the proposal in accordance with the Council’s Scheme for Public Speaking at Planning Committees, during which the following points were raised:

• Supporting the principal of renewable energy was not sufficient – suitable schemes must be approved; • The proposal had significantly reduced in size but would still generate sufficient local energy to meet the needs of householders in Church Stretton, reduce reliance on fossil fuels and would provide scope for a community benefits package to be applied; • If carbon emissions did not reduce the impact on the environment would not decrease; • Scheme would not generally be visible from the surrounding area and viewpoints, sheep would still be able to graze, and the impact on the landscape would be low and reversible; • Would not have a detrimental impact on tourism; and • This was a low impact proposal and would be sustainable.

Contact: Linda Jeavons on 01743 252738 107 Page 7 Minutes of the South Planning Committee held on 10 February 2015

Mr A Bower, the agent, spoke for the proposal in accordance with the Council’s Scheme for Public Speaking at Planning Committees, during which the following points were raised:

• The site would be well screened; • The soil on this field was poor quality Grade 3 pasture and would continue to be grazed by sheep; • There was an existing power line across the site so no new power lines would be needed; • Would be in accordance with the Development Plan and would not set a precedent; and • Would avert climate change.

In accordance with the Local Protocol for Councillors and Officers dealing with Regulatory Matters (Part 5, Paragraph 15.1) Councillor Cecilia Motley, as local Ward Councillor, made a statement and then left the room, took no part in the debate and did not vote on this item. During her statement, the following points were raised:

• She acknowledged the reduced operational area but continued to express concerns regarding the impact on the surrounding area given that converter buildings, equipment cabins, CCTV etc would be introduced onto ancient pastureland; • Would be major development on an unspoilt area of the AONB; • Would impact on the tourism and visitor economy within a protected area; • Would be contrary to paragraphs 115 and 116 of the NPPF; and • There were many industrial and business parks where solar panels should be encouraged.

In the ensuing debate, Members considered the submitted plans and noted the comments of all speakers. Members continued to express concerns regarding the impact on the surrounding area, environmental assets and the AONB.

RESOLVED:

That, contrary to the Officer’s recommendation, planning permission be refused for the following reasons:

The proposal would have a detrimental impact upon the environment, character, landscape and visual quality of the Shropshire Hills Area of Outstanding Natural Beauty. Accordingly, the proposal would be contrary to Paragraphs 116 of the National Planning Policy Framework and Core Strategy Policies CS6 and CS17 whereby the adverse impacts would significantly and demonstrably outweigh the benefits.

123 Hazeck, The Mines, Benthall, Broseley, TF12 5QY (14/05210/FUL)

The Principal Planner introduced the application and with reference to the drawings displayed, he drew Members’ attention to the location and proposed plans.

Contact: Linda Jeavons on 01743 252738 108 Page 8 Minutes of the South Planning Committee held on 10 February 2015

Members noted the additional information as set out in the Schedule of Additional Letters circulated prior to the meeting and which detailed further public comments.

• He drew Members’ attention to Barrow Parish Council’s objections; and • Noted that the chimney would be regulated by appropriate conditions.

RESOLVED:

That, subject to the conditions as set out in Appendix 1 to the report, planning permission be granted as per the Officer’s recommendation.

124 Schedule of Appeals and Appeal Decisions

RESOLVED:

That the Schedule of Appeals and Appeal Decisions for the southern area as at 10 February 2015 be noted.

125 Date of the Next Meeting

RESOLVED:

That it be noted that the next meeting of the South Planning Committee would be held at 2.00 p.m. on Tuesday, 10 March 2015 in the Shrewsbury Room, Shirehall, Shrewsbury, SY2 6ND.

Signed (Chairman)

Date:

Contact: Linda Jeavons on 01743 252738 109 Page 9 This page is intentionally left blank

Page 10 Agenda Item 5

Committee and date

South Planning Committee

10 March 2015

Development Management Report

Responsible Officer: Tim Rogers email: [email protected] Tel: 01743 258773 Fax: 01743 252619

Summary of Application

Application Number: 14/00563/FUL Parish: Ludlow Town Council

Proposal: Demolition of existing buildings on former Burway Abattoir site and erection of proposed petrol filling station and ancillary convenience store with new vehicular access (revised scheme)

Site Address: Brian Mear (Bricks) Ltd Former Burway Abattoir Bromfield Road Ludlow Shropshire SY8 1DN

Applicant: Mead House Pension Scheme C/O Garrabost Trustees

Case Officer: Julie Preston email: [email protected]

Grid Ref: 350913 - 275383

Page 11 Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

Recommendation:- Grant Permission subject to the conditions set out in Appendix 1 and subject to a Section 106 Legal Agreement delivering off-site pedestrian improvement works.

REPORT

1.0 THE PROPOSAL

1.1 This application seeks full planning permission for the demolition of existing buildings and the construction of a petrol filling station and ancillary convenience store with parking on a 0.27 hectare site between Bromfield Road and Coronation Avenue in Ludlow. The filling station will face Coronation Avenue and a new entrance will be provided for customers and deliveries. A separate egress will be provided to Coronation Avenue for cars and deliveries will leave through an ‘exit only’ access to Bromfield Road. There would be 9 car parking spaces, 2 motorcycle parking spaces, 2 disability parking spaces and 4 cycle parking spaces. A further 8 spaces are available on the site to serve a proposed coffee shop at the adjoining Tollgate Cottage.

1.2 The proposed building is simple in architectural style, with a flat roof and expanses of stone wall, timber cladding and sheet glass. The overall height of the single storey building would be 4.5m. The total floor area of the proposed development would be 426 sq. m in size; of which the net retail floor space would be 279 sq. m. The canopy over the fuel pumps is split into three overlapping sections to add visual interest and avoid a single large flat roof.

1.3 A ‘goal post’ type price display sign is proposed on the forecourt adjoining Coronation Avenue. A dvertising will be the subject of a separate application for Advertisement Consent. Under -canopy down lights and parking and perimeter bollard lights are proposed incorporating movement sensors and the energy saving devices.

1.4 It is envisaged that the proposal would result in the creation of 8 full-time and 10 part-time jobs. The garage would open 24 hours a day 7 days a week.

1.5 The application is accompanied by a Transport Statement, Flood Risk Assessment, Heritage Impact Statement, Design and Access Statement and Ecological Assessment. Further reports relating to a Risk Assessment of Underground Fuel Storage, Land Quality Assessment and a Sequential Test were submitted at the request of the Environment Agency.

1.6 The application follows an earlier submission (13/02760/FUL) for a petrol filling station which was withdrawn in October 2013 following concerns about the design and scale of the building. The proposal has been significantly revised and the building reduced in height and mass prior to resubmission.

1.7 The present application has been the subject of amendments to resolve objections by the Environment Agency (EA) to the position of the fuel tanks. They were initially located underground beneath the petrol pumps on the forecourt. The EA were concerned about the potential for contamination of the river and aquifer. Borehole tests were undertaken to establish the water table and the tanks have been relocated to a landscaped compound on to the west of the building. The tanks are now partially submerged underground. They each hold 45,000litres of fuel and are double skinned Convault tanks encased in concrete.

Page 12

Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

2.0 SITE LOCATION/DESCRIPTION

2.1 The application site occupies a triangular plot of land located between Bromfield Road and Coronation Avenue. The site was formerly an abbatoir and is currently occupied by Brian Mear (Bricks) Ltd, a brick and paving merchant. The buildings to be demolished are pitched roof brick and block buildings with hard standi ngs. Part of the site bordering Coronation Avenue has been cleared and is currently overgrown.

2.2 The site is bounded by the premises of the Marches Veterinary Group to the east, Coronation Avenue and agricultural land to the south, Tollgate Cottage immediately to the west of the site and Bromfield Road and A.E.Jones Haulage and Corve Bridge Garage to the north. There is an existing access to Bromfield Road. Planning permission was granted under 14/00651/COU and 14/00652/LBC on 2 September 2014 for the change of use of the Listed Tollgate Cottage adjoining the site to a café with residential accommodation above .

2.3 The site is in the Ludlow Conservation Area. Tollgate Cottage, a mid-19th Century tollhouse with later additions, is Grade II listed. The site is located within Flood Zone 2 and a small portion of the site is in Flood Zone 3 on the Environment Agency maps.

3.0 REASON FOR COMMITTEE DETERMINATION OF APPLICATION

3.1 The Town Council has made objections to the proposal and the local member, with the agreement of the Chairman, has requested that the application should be determined by the South Planning Committee.

4.0 COMMUNITY REPRESENTATIONS

4.1 Consultee Comments

4.1.1 Shropshire Council Highways

Principle of Development

Shropshire Council as Highway Authority raise no objection to the proposed development [subject to planning conditions included in the recommendation].

Impact on the Highway Network

The submitted Transport statement provides an indication with regard to the number of additional vehicle movements that will be generated by the proposed development. It is assumed that 10% of passing traffic will stop and draw fuel; this figure includes some diverted trips from drivers in the immediate vicinity of the site. Based on the recorded traffic data the submitted transport statement assumes no more than 54 vehicles are expected to turn into the site.

Shropshire Council has undertaken analysis to establish if the number of anticipated vehicle movements are accurate. Interrogation of the TRICS database indicates that based on the proposed change of use to 426sqm of A1 Classification, the number of vehicle movements likely to be generated in the peak hours are as follows;

AM Peak – 27.52 to 28.53 trips (two-way)

PM Peak – 28.55 to 33.36 trips (two-way)

In view of the above, it is therefore considered that the assumed associated vehicle

Page 13

Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

movements within the transport statement are worse-case scenario.

Based on the recorded vehicle flow on Coronation Avenue, it is considered that the number of vehicles movements generated by the proposed development, will not have a significant impact on the surrounding highway network and therefore a highway objection could not be sustained.

Access to the Development

The submitted highway state ment indicates that a visibility splay of 2.4m by 63m is appropriate at this location based on the recorded vehicle speeds. As highway authority we would consider that the proposed visibility splay is appropriate.

Details of the access and exit on to the public highway shall be provided to and approved by the highways department for approval prior to the occupation of the development and these splays shall thereafter be kept free of any obstacles or obstructions.

Parking

All parking for the proposed development should be within the curtilage of the development site. In accordance with South Shropshire parking guidelines, a total of 22 spaces (excluding disabled) are required, based on the current layout 18 parking spaces are to be provided. However, the applicant has indicated that a revised layout can be submitted to increase the available parking spaces to 22 spaces. It is therefore recommended that a suitable worded condition is placed on any permission granted to ensure all details of parking are submitted and approved prior to commencement of the development. These should also include provision of motorcycle and cycle parking.

Pedestrian and cycle facilities

Concerns have been raised with regard to pedestrian and cycle safety within the vicinity of the development site, specifically pupils from the Secondary School walking and cycling to the site to use the shop. Site observations noted that there are two pedestrian crossings (Zebra) is located between the proposed development site and the local secondary school, which will provide an opportunity for pedestrians to cross the carriageway in advance of the development. Shropshire Council as Highway Authority have a responsibility to ensure that the existing Zebra crossing is fit for purpose and adequate lighting is provided to ensure pedestrian safety is not compromised.

Despite the above, it is acknowledged that due to the complexity of the junction of Bromfield Road/Coronation Avenue, pedestrians and cyclists may prefer to cross the carriageway opposite the proposed development site. It is therefore considered reasonable to mitigate the impact of development and make it acceptable in highway terms that the applicant provides off site highway works to ensure pedestrian safety within the vicinity of the site, this may include a pedestrian barrier to guide pedestrians to the most appropriate crossing point, as per Ludlow Town Councils request. These works can be undertaken with the consent of the highway authority and controlled by a Section 278 Agreement under the Highway Act 1980. A condition could be attached to any permission granted.

4.1.2 Shropshire Council Conservation - It is acknowledged that the scheme has been amended following previous comments and objections, the current scheme does have significantly less impact due to its minimal heights, lesser advertisement/lighting, toned down design and inclusion of local vernacular materials.

Page 14

Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

It is still felt that by opening up this area of the Conservation Area and the increased traffic flow upon the entrance to the town it will significantly change the character of this part of the Conservation Area and the views in to and out, specifically across to the Castle and Church Tower.

The scheme has been commented on previously and discussed at the Local Cons ervation Area Advisory Committee Meetings, they have provided their own comments however raise important issues, if the scheme is supported and likely be approved, then it is expected that: - Samples of materials should be conditioned and approved prior to construction. - Advertising and lighting should be kept to a minimum and have no negative impact on the surrounding sensitive area. - No further works should be allowed once constructed, including additional advertising, extension to the buildings/forecourt/parking etc.

4.1.3 Shropshire Council Ecology – The application is accompanied by an ecological assessment of the site by Star Ecology. No evidence of bats in the buildings on the site were found and the report concludes the building structures do not provide scope for roosting bats. The vegetation on site may be used by bats for foraging and therefore Star Ecology (2014) recommends that lighting is controlled.

Star Ecology (2014) found swallow nests within the buildings on the site. It will be necessary to carry out works so as not to impact on nesting swallows and other birds and provide replacement nesting sites.

Suggested conditions and informatives are included in the recommendation.

4.1.4 Shropshire Council Drainage – No objection subject to a condition requiring further details of surface water drainage details, plan and calculations.

4.1.5 Shropshire Council Public Protection - There is the potential for contamination of the land due to past land use activities. Any new development may mobilise potential contaminants or be affected by the contaminants on site. As a result conditions are recommended to deal with contaminated land.

In addition, conditions are suggested to prevent burning on site and control the timing of deliveries.

The Council’s Petroleum Licensing Officer has considered the application and requested additional information. She confirms that as a result of the additional information received, there are no planning reasons why the proposed scheme as amended should not be approved from a public protection stance.

If planning permission is granted full detailed plans will need to be supplied to the Petroleum Licensing Officer and the granting of planning permission will not mean that the petrol licence will automatically be granted.

4.1.6 Shropshire Council Archaeology – No comments on archaeological matters.

4.1.7 Environment Agency - The EA objected to the original application which proposed underground tanks due to inadequacy of information provided to demonstrate the protection of controlled waters. They commented:

Controlled Waters:

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Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

Site Location: The proposed new PFS is located within a sensitive area from a groundwater protection point of view. The proposed site is located on Raglan Mudstone Formation bedrock which is overlain by Bromfield Sand and Gravels. Both the solid geology and the superficial deposits are Secondary A aquifer which supplies private water abstractions and groundwater baseflows to local watercourses, such as the River Corve 80m to the east. The River Teme is 410m to the west of the site and other surface water features noted are Springs and Boiling well 150m to the south west of the application area.

No licensed groundwater abstractions are present within 500m of the site, however your Counci l should hold records to confirm whether there are private water supplies within the near vicinity.

National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution.

Paragraphs 120 -121 of the NPPF state that local policies and decisions should ensure that new development is appropriate for its location, having regard to the effects of pollution on health or the natural environment, taking account of the potential sensitivity of the area or proposed development to adverse effects from pollution. Planning policies and decisions should also ensure that adequate site investigation information, prepared by a competent person, is presented. In addition, national guidance on the storage of potential pollutants is set out in our ‘Groundwater Protect ion: Principles and Practice (GP3) (November 2012)’ The GP3 guidance Policy D2 (underground storage) states we will agree to new and increased underground storage of hazardous substances on principal and secondary aquifers outside SPZ1 “ ...only if there is evidence of overriding reasons why: (a) the activity cannot take place on unproductive strata, and (b) the storage must be underground (for example public safety), in which case we expect the risks to be appropriately mitigated... ”

Also, Policy D3 - Sub water table storage states that “ we will object to storage of hazardous substances below the water table in principal or secondary aquifers ”.

Proposed Petrol Filing Station (PFS): In the first instance, with reference to the above, we would expect th e applicant to demonstrate sequentially that this site is the most suitable for the proposed use in this sensitive location. At present, it is unclear if there is a recognised need for a PFS in this location or whether there may be more appropriate alterna tive sites elsewhere.

We would also require the applicant to fully justify that underground storage is essential through submitting a risk assessment appropriate to the local high risk hydro -geological setting, including the volume and type of pollutants being stored. Detailed quantitative risk assessments (DQRA) and an infrastructure design method statement that meets BAT/ modern engineering standards would be expected for storage within, and close to, vulnerable controlled waters receptors. Should the risk to groundwater be demonstrated to be unacceptable, we are likely to maintain our objection.

Adequate groundwater protection measures should be put in place to protect controlled waters from the possibility of any future underground fuel tanks (USTs) and associated fuel lines to dispensing pumps leaking and causing pollution. Leakage detection systems and ongoing independent recording during operation are expected.

Historically, USTs do leak and contaminate the underlying aquifer, supply wells and boreholes and nearby watercourses. The PFS should be designed to the highest of modern protection measures specification in order to protect the groundwater resource in the underlying aquifer(s) and the nearby watercourse.

Please note: if there is a recognised need for a PFS in this location, we would encourage the above ground storage of potentially hazardous fuel products which present a high risk to controlled waters. A detailed effective management system/s should also be put in place.

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Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

Flood Risk: Base d on our ‘indicative’ Flood Map for Planning (Rivers and Sea) the proposed development site is predominately located within Flood Zone 2 (‘medium risk’, 0.1% annual probability of fluvial flooding) of the River Corve which is classified as Main River. The north-east corner of the site falls within Flood Zone 3 (‘high risk’, 1% annual probability of fluvial flooding).

Based on the scale and nature of the proposed development and in line with our ‘West Area (Midlands) Development Consultation Guide’, we wil l not be making bespoke comments in relation to flood risk.

We would recommend you refer to our West Area Flood Risk Standing Advice ‘Development in Flood Zone 2 process note’.

The EA requested reports on the following: - A Desk Study; - Conceptual Model; - Risk Assessment; - Site Investigation; - Remediation; - Validation; and, - Assessment of both former and proposed contaminative uses.

These reports were subsequently commissioned and submitted. They involved sinking boreholes to establish the position of the water table.

The EA comment as follows on the additional information:

Based on our records Ludlow is predominately located upon a Secondary A Aquifer; this is also apparent within the Aquifer Classifications outlined in the alternative sites assessed (Table 3 of the Report details). Whilst many of the alternative sites have estimated depths of groundwater greater than the proposed base of tank depth (4m below ground level), the S equential Test (ST) Report confirms none of these are currently availabl e to accommodate a Petrol Filling Station (PFS). Therefore it appears that the proposed site is the only available site for the proposed use in this sensitive location.

Aside from the ST consideration, the Risk Assessment confirms that the proposed fuel storage tanks will be (at least in part) beneath the watertable. Table 3 of the Report confirms that the estimated depth to Groundwater on the application site is 2.5m, and Section 4.1 confirms that the base of the tank would be 4m below ground level. As outlined within our previous response, given that the proposed development is on a secondary aquifer, in accordance with our Position Statement D3 ‘we will object to storage of hazardous substances below the water table in principal or secondary aquifers’.

In this instance, whilst we note the comments within Section 5.0 of the Risk Assessment Report, we recommend that the applicant considers a revision to the design to include above ground storage tanks as a way to overcome our objection. At this time the proposals are considered contrary to the National Planning Policy Framework and Policy CS18 of your Council’s Adopted Core Strategy.

To meet the requirements of the EA the proposals were amended to propose partially submerged fuel tanks that are 4 m belo w the existing ground level.

The EA were re -consulted and comment as follows:

With reference to the Section of Proposed leak -proof partially submerged tanks Plan (dated 03.12.14, Drawing No. PA -71) we note that the partially submerged tanks are located appropriately above the identified groundwater level, in accordance with Policy D3 of our Groundwater Protection Guidance: Principles and Practice (GP3) (November 2012).

Whilst the proposed tanks are located above the groundwater level on site, as previously advised, in

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Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

addition our preference would be for ‘above ground’ storage tanks. GP3: Policy D2 states that tanks set completely above ground level and “any tank that is partially set in the ground in secondary containment and is totally accessible and wholly visible will also be considered to be an above ground tank”. This is within the interests of being able to visually inspect the tanks, in addition to the necessary leak detection methods.

Based on the Section Plan submitted (referenced above) whil st the proposed tanks are set partially within the ground, they do not appear to be totally accessible or wholly visible and we would therefore deem the tanks as ‘below ground’.

Whilst the proposed tanks are set appropriately above the identified groundw ater level, we recommend that your Council are satisfied that the tanks cannot be set ‘above ground’ (as defined above) or include tertiary containment system. In the absence of the tanks being set above ground or within tertiary containment, being pragmat ic we are not minded to object to the proposed development based on the likely risk to groundwater, the proposed tank design and bearing in mind the site context.

4.1.8 English Heritage – Advise that conditions should be imposed requiring prior approval of all external details, materials and finishes. T he application should be determined in accordance with national and local policy guidance, and on the basis of specialist conservation advice.

4.1.9 Ludlow Town Council, Comments: Members acknowledged that Ludlow needs an additional Petrol Station but this site remains unsuitable because the following concerns have not been addressed.

Members recognise the need for an additional petrol station in Ludlow and acknowledged there is a lack of suitable site s within the town and for this reason had no objection in principle to the applications. However, members raised a number of concerns detailed below.

In light of the interdependent nature of the applications, members would like their comments to be viewe d in relation to all three planning applications above.

Members raised concerns over highway issues including safety, access and the potential for traffic build up on an already busy approach road into the town and the main pedestrian route to Ludlow Secondary School. Also the impact of lighting and deliveries required to run a 24 hour petrol station and convenience store.

Members requested that due to the complexity of the proposed site Shropshire Council’s Planning Committee should undertake a visit. M embers of Ludlow Town Council would also like to attend this meeting.

Members would also like to propose some potential solutions for the concerns they have raised. Members suggest that the developer should pay for i) and ii) in full:

i) To create a mini r oundabout at the entrance to Burway Lane as a traffic calming measure and to assist traffic flow. ii) A roundabout on the northern bypass (A49) approach into Ludlow to enable delivery lorries to exit Ludlow from the north with the option to then travel south as this is currently only possible if vehicles exit via Corve Bridge, New Road Bank and Henley Road or through the town and over Ludford Bridge. iii) Pedestrian barriers to ensure the safety of pedestrians particularly the school children. iv) Restrictions to the hours of business to 7am - 10pm and restrictions to the hours of deliveries to be outside school start and finish times in order to protect the amenity

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Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

of the local community.

Highway safety, access and the potential for traffic build up on an already busy approach road into the town and the main pedestrian route to Ludlow Secondary School.

4.1.10 Ludlow Conservation Area Advisory Committee - The Committee recognises the efforts made to respond to earlier criticisms and to undertake a sound historic assessment of the site and the proposal's potential impacts on the setting of the conservation area. Consequently the Committee has no fundamental opposition to the proposal but would like the following points to be taken into consideration and conditioned and/or built in to any subsequent application or scheme of details.

1. A sample panel of stonework (which should be of local stone) before full acceptance of this material. 2. Careful attention to quality in construction this is a prominent site and the development should be a showcase for Ludlow and the quality of its visual environment. 3. Advertising to be low key. We would not wish to see a proliferation of ad-hoc A- boards and banners. 4. A lighting scheme that ensures the minimum amount of lighting when the site is closed

4.2 Public Comments 4.2.1 The local Member, Cllr A Boddington has objected to the application as follows:

The application is fatally flawed by its location in Flood Zone 2, which creates an environmental risk this town cannot accept. Ludlo w needs a second petrol station. The existing station at Harry Tuffins is overcrowded. I do not think that Ludlow needs a further convenience store. A coffee shop will bring no benefits to the town and will draw trade away from the town centre.

The applicant suggests that the convenience store is very unlikely to be a destination in its own right. This is amplified in the Heritage Impact Statement, which states: The PFS and associated convenience store will not be a traffic generator in its own right. The customer base will with minimal exceptions be from existing traffic travelling along Coronation Avenue, hence there will be no significant extra traffic associated with the proposed development. There is no reason why traffic along Corve Street will increase as a result of this proposal. These comments do not pass muster. The Coronation Avenue store will be commensurate in size with Harry Tuffins, which has proved to be a very busy convenience store. With 25 car parking spaces, the proposed development will prove more convenient than Harry Tuffins or the East Hamlet One Stop for many motorists. With a coffee shop attached, it will undoubtedly become a destination taking trade from elsewhere.

I have no objections to the design of the building or the site lay out.

The Transport Statement states that the highway in the vicinity of the application site has a good road safety record. As noted above, the petrol station is likely to attract extra traffic. This is of considerable concern given the number of young sc hool children that walk nearby, especially in the morning when traffic is at a peak. The pedestrian crossing a short way north of the site is heavily used and visibility approaching the crossing is poor.

The fatal flaw for this planning application is tha t it lies in Flood Zone 2. The Flood Risk Assessment for this scheme states:

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Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

Less vulnerable development is appropriate in Flood Zones 2 and 3a. The proposed development is therefore considered appropriate for the Site in a flood risk planning context. Less vulnerable development is defined in the Technical Guidance to the National Planning Policy Framework, Table 2 and Table 3 (replaced and retained in the new online guidance). These tables aim to ensure essential infrastructure is not knocked out during flooding events, and that emergency facilities and procedures operate in a flood event. They do not aim to deal with the environmental consequences that might happen if a site, such as a petrol station, floods. It is notable, and not helpful, that the guida nce fails to mention petrol fuel stations. National planning guidance does not give a carte blanche for allowing development in Zone 2 regardless of the consequences.

This scheme should be rejected on the grounds of traffic and flood risk.

4.2.2 10 residents have objected to the application and a further 3 expressed concerns on the grounds summarised below. These mainly relate to the location of the site within an area prone to flooding and the associated risks of contamination. Full comments are available on file.

4.2.3 Flooding - Concerns regarding increasing hard surfaces in an area already prone to flooding which would exacerbate the problem, given the location of the site within Flood Zone 2. - Concerns regarding potential contamination of nearby watercourses and groundwater following flooding or potential spills or leaks from underground storage tanks containing hydrocarbons. - Inaccurate assertions regarding the frequency of flooding on the site. Th ere have been 3 significant flood events of the River Corve documented in the previous century as severe or more so than the June 2007 event. Recorded flood incidents occurred in 1924, March 1947, and June 2007, meaning that the 2007 incident was more like a 1 in 30 year event and thus the proposed development site is within and not, as the SLR July 2013 flood risk assessment report states, outside the 1% AP (1 in 100 years). - Opposition to further development on the flood plain until there is a holistic national fl ood plan in place. Local flood defences do not and cannot take into account what affect local containment and management will have on properties in surrounding areas and downstream. - Houses on Lower Corve Street have flooded to a height of 1.7m in June 200 7 and again in July 2007 causing substantial structural damage and again in September 2008. The community has not yet fully recovered from these flood events. - Detrimental impact of further development on the frequency of flooding Lower Corve Street and on the locality's historic fabric with its vulnerable Grade 2 listed buildings. - The meadow adjacent to the proposed development floods frequently, to the extent where animals have to be relocated. This happened 12 times during 2012 and the general perception is that small-scale flooding is becoming more frequent on this particular flood plain. - As recently as 23 December 2013, the River Corve reached a high of 3.36m, this being 1.6m below the 4.98m it reached on 26 June 2007 and very close to a level when homes could expect water ingress. Those homes with cellars flood quite often. - Recently I commissioned Ambiental to produce a mini Flood Risk Assessment for my property. This shows the property is classified as HIGH 1:100 risk of flooding with inundation from the River Corve likely to exceed 1.0m depth; and an even higher 1:75 risk of flooding from surface water, 0.1m to 0.25m deep. Concerns

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Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

regarding the impact on insurance cover for residents in Lower Corve Street, especially where the Council has approved building on a flood plain post the 2007/08 experience - There are concerns over fuel spillages and their effect on aquatic life in the River Corve and Teme. In 2007 the flood waters came up as far as, and into, the Tollhouse Cottage at the junction of Coronat ion Avenue and Bromfield Road and would have covered the Filling Station forecourt flushing any spillage (especially diesel) straight into the river system. - The subterranean fuel tanks and electricity supply would be vulnerable when flooding occurs at the site, with the petrol presenting a pollutant to the properties in the area.

4.2.4 Potential Contamination - The site sits on a well-established fluvioglacial terrace which extends down the right bank (western side) of the River Corve to the meadows beyond Coronation Avenue. Within the meadows is a historic sacred groundwater spring, the Boiling Well, which is a natural spring issuing from the same fluvioglacial terrace as the proposed development is sited. There does not appear to have been an assessment by the applicant of the potential risk of contamination of the 'Boiling Well'. - Risks of spillage of fuel/overfilling by customers or suppliers leading to run-off or otherwise contamination of agricultural land/ground water/and particularly the River Corve which is only 100m away. Possibility of leaks from underground pipework and tanks, again so near to the River. - 4.2.5 Traffic - The main users of the site are likely to be school students visiting the shop. The site is near to the busy three way junction of Burway/Coronation Avenue/Bromfield Road and so would pose a road safety hazard. - Arguments are presented that this facility is needed because there is only one other fuel source in Ludlow and because driving distances to fuel are an issue owing to a reduction in the number of fuel stations. On the other hand, it is argued that the facility will attract only passing trade. If there is a need for the fuel station, then it seems likely that the former argument is true - in which case the following concerns are valid: 1) The development is hazardous for all road users and pedestrians because of a) the close proximity of junctions with Bromfield Road and Burway Lane and b) poor visibility for vehicles exiting the development due to the bend in Coronation Avenue. 2) Without compromising the existing well-used cycle lane and necessary wide pavement (see point 3), the road has limited capacity for additional lanes. Therefore, the significant increase in traffic that can be anticipated will create further hazard particularly at peak times. 3) Very large numbers of school children use the west side of the route at peak times for walking to the school on Bromfield Road and the extra traffic will be a significant additional hazard for them. This is especially the case as they will no doubt be attracted to cross the road to use the retail facilities. At the very least, the 20mph limit needs to be extended and enforced. - There will undoubtedly be an increase in traffic using Coronation Avenue usage of the road during Ludlow School opening and closing times due to the collection and delivery of students. - There is concern over possible fuel spillage on the carriageway of Coronation Avenue, possibly due to overfilling fuel tanks or failing to fasten fuel filler caps properly thereby possibly causing a skid risk especially for powered two wheelers

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Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

and cyclists. - The PFS and associated convenience store will not be a traffic generator in its own right. The customer base will with minimal exceptions be from existing traffic travelling alon g Coronation Avenue, hence there will be no significant extra traffic. - The store will be commensurate in size with Harry Tuffins, which has proved to be a very busy convenience store. With 25 car parking spaces, the proposed development will prove more con venient than Harry Tuffins or the East Hamlet One Stop for many motorists. With a coffee shop attached, it will undoubtedly become a destination taking trade from elsewhere. - What measures are being taken by the council to ensure that Lower Corve Street is not used as a vehicle 'rat run'?

4.2.6 Highway Safety - Increased traffic will adversely affect road safety. - The proposed entrance and exit to the forecourt on Coronation Avenue is located on a bend in the road, there are concerns about traffic access and the visibility of oncoming vehicles. Although the speed limit is 30mph many road users exceed this limit along this stretch of road. There are additional safety concerns over any vehicles turning right either entering or exiting the development (in Novemb er 2012 there was a collision on Coronation Avenue with two vehicles one of which was entering or exiting the vets bungalow) with additional traffic using the filling Station the likelihood of further accidents will increase. - There are also concerns over Ludlow School students who walk or cycle down Coronation Avenue and would be likely to call at the convenience store with ensuing problems with crossing the road especially as the development is very near to the busy junction with Bromfield Road and Burway Lane, the expected increase in traffic would add to the dangers of crossing the road. - Because of the close proximity of the road junction between Coronation Avenue, Bromfield Road and Burway Lane if there were any fuel shortages, strikes or similar occurre nces that caused panic buying of fuel any tailbacks would foul the junction. - It will create traffic hazards at the junction between Coronation Drive and Bromfield Road where a previous request for a roundabout has been turned down. A roundabout would now be essential.

4.2.7 Noise - There may well be an increase in noise especially in the evenings with the convenience store likely to be open until 11pm or so, this would have a detrimental effect on the quality of life of the inhabitants of nearby properties more so in the summer time due to windows being kept open. - Objection to the proposed filling station being open 24 hours a day 7 days a week as this will be a serious source of noise pollution for neighbours in Lower Corve Street. Apart from noise from the site, there is a likelihood of more traffic movements (and therefore noise, as well as safety considerations) along Lower Corve Street, which is a narrow residential street with many Listed buildings.

4.2.8 Nature Conservation - The meadow is an impor tant component of the urban environment, adjacent to the town’s conservation area. The River Teme immediately downstream is an SSSI partly because of its river environment. - This is a key “rural” entry to the town with good wildlife, amenity and habitat los t should this development go ahead. - Investigations should be carried out to determine the extent of the nesting activities of swallows and swifts in the old abattoir, which it is believed is widely used for this purpose, also no doubt there will be bats in this location as it has remained only in

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Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

light commercial use and it is understood special measures need to be taken to protect these species.

4.2.9 Design, Appearance and Materials - Such a facility would be an inappropriate visual curtain-raiser in the historic town of Ludlow.

4.2.10 Effect on Listed Building and Conservation Area - The development will compromise existing buildings, the Marches vet clinic and Tollgate Cottage. - We understand there is a proposal to convert the adjoining Toll House Cottag e into a café. The proposed rear extension does nothing to enhance the building; indeed it devalues the Victorian structure within the town’s Conservation Area. - Is this development suitable as it is within the Ludlow conservation area? Would a housing deve lopment be more suitable for this site as it is bordered by residential properties, the cottage on one side the farmers house on the other and the vets bungalow?

4.2.11 General Objections - It will create unwanted light pollution near residential properties. - Concerns about 24hr opening attracting late or all night loitering by groups of young people both on the premises and nearby. Such facilities are usually staffed late at night by one person who would be unable to act to inhibit any related noise or other disturbance. If shoppers have an urgent need for items, Tesco is nearby and staffed to cope with late night retail. Opening should be restricted to 10pm at the latest. - Is there a need for this Petrol Filling Station at all as two have closed in Ludlow over the last few years. Would not a site nearer to or on the A49 be more appropriate? - There are already three food/grocery outlets all within less than half a mile, a further one is planned should the housing development go ahead further up Bromfield Road. - It would infringe on regulations regarding the proximity of retail outlets to schools. - Ludlow needs a second petrol station. The existing station at Harry Tuffins is overcrowded. I do not think that Ludlow needs a further convenience store. A coffee shop will bring no benefits to the town and will draw trade away from the town centre.

4.2.12 Two letters of support have been received from local residents stating that as the flooding issues have been resolved, they have no objection to a much needed new pet rol filling station in the town.

5.0 THE MAIN ISSUES

Principle of development Siting, scale and design Visual impact on the approach to the town and the Conservation Area Access, parking and Highway Safety Flood risk and Pollution Management Surface Water Drainage Impact on the amenity of neighbours Ecology

6.0 OFFICER APPRAISAL

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Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

6.1 Principle of development 6.1.1 At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development and Local Planning Aut horities are advised to take a positive approach to economic development. The NPPF does not contain policies specific to Petrol Filling Stations but states in paragraph 31 that the primary function of roadside facilities for motorists should be to support the safety and welfare of road users. Other relevant sections stress the need for good design and conservation of heritage assets, encourage the use of ‘brownfield’ land, require authorities to prevent unacceptable risks from pollution and take account of flood risk.

6.1.2 At a more local level, the Core Strategy contains policies relevant to considering the proposal. Policy CS3 identifies Ludlow as a market town with a major role in providing facilities and services for the local population. Policy CS6 sets out design and sustainability criteria for new development and policies CS17 and CS18 seek to protect and enhance the built and natural environment. Poli cies CS8 and CS13 aim to improve local facilities and support economic development.

6.1.3 There is one petrol filling station in Ludlow at the Co-operative Store on Sheet Road (formerly Harry Tuffins). Two filling stations have closed in the town over recent years and the need for a second filling station is generally accepted. The site is ‘brownfield’ land on one of the main approaches to the town. It is in the Conservation Area and adjacent to a Listed Building. The presence of the River Corve to the south of the site and an important aquifer beneath the site are additional constraints that have to be considered. The policy background suggests that in principle planning permission should be granted unless there are significant adverse impacts that outweigh the benefits of the development. The issues relevant to making a decision are discussed below .

6.2 Siting, scale and design 6.2.1 The site of the proposed petrol station is a triangular parcel of land at the apex of Coronation Avenue and Bromfield Road. Coronation Avenue is part of the B4361 and connects to the A49 to the north of the town. Th e site was formerly an abattoir and some original buildings of no architectural merit remain. Part of the site is currently occupied by a Brick Merchant’s yard with external storage of bricks and paving materials.

6.2.2 The petrol filling station will face Coronation Avenue and have a frontage of 84 m. The single storey store is set back towards Bromfield Road with a canopy over the pumps. The store has been reduced in size since the first submission and is now the size of a neighbourhood store. Materials for the convenience store would be stone split faced grey/blue walling, a glazed shop front, a glass canopy with louvres over and horizontal Western Red Cedar timber cladding. The roof would be grey single ply membrane with four ventilation shafts. Window frames would be grey powder coated aluminium.

6.2.3 Parking is located towards the south east boundaries of the site enabling cars to fill and move forward to park, if required. A car park of 8 spaces is also located in the north west corner of the sit e. This car park will primarily serve the adjacent Tollgate Cottage café. The landscaped compound containing the tanks and filling equipment is situated to the north of the car park. Deliveries will be made in the area between the tank s and the store with an exit to Bromfield Road.

6.2.4 Parking and service bay lighting would be 75W with low level illuminated bollard lighting around the perimeter. Under canopy lighting would be 125W. The lighting system incorporates controls to reduce the impact on the adjacent Tollgate Cottage and the street scene. Under canopy lighting will dim in ‘off peak’ twilight hours when individual lights respond to activity. Flood lighting is similarly controlled to respond to activity or where there

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Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

is a need to comply with Health and Safety requirements.

6.2.5 Planning conditions are recommended to retain control over materials and the detailed lighting scheme. Subject to these conditions, Officers are satisfied with the appearance and layout of the development and consider that the proposal will meet the relevant criteria set out in policy CS6 of the Core Strategy.

6.3 Visual impact on the approach to the town and the Conservation Area 6.3.1 The site is located at the western most edge of the Ludlow Conservation Area and a comprehensive Heritage Impact Statement (HIS) by Richard K Morriss has been submitted with the application. The report notes that the character and use of the site and immediate area is historically commercial and, laying to the west of the River Corve, the site has a distinct separate character to the area east of the river. In terms of the current use and buildings, it is evident that the site does not make any positive contribution to the character and appearance of the locality or the approach to into Ludlow.

6.3.2 A detailed assessment is provided of the impact of the petrol filling station on the Lower Corve Street area. The proposed development will be partially visible from the rear of some of the listed Corve Street properties but the HIS states that there will only be a negligible impact and that it can be argued that this impact is more positive than negative given the existing use and appearance of the site.

6.3.3 The historic approach to Ludlow was along Bromfield Road. This has now been bypassed by Coronation Avenue. In approaching Ludlow along Coronation Avenue, the HIS considers that the proposed development will improve the semi derelict state of the site and replace a variety of very poor buildings with the Toll Keeper’s Cottage providi ng the “accidental focal point at the junction of the old and new approaches“ with the proposed PFS partially screened by that Cottage. The main views from the Coronation Avenue approach into the historic heart of Ludlow over the fields are not altered in any way by the proposed development. The Bromfield Road frontage of the site will be improved by repairing the rubble stone wall.

6.3.4 Para 8.2.4 of the HIS considers the impact of the proposed development on the character and views within the wider conservation area and notes that the site is at some distance from the heart of the town. The HIS it concludes that the proposed development will have no significant impact on the character or setting of the wider conservation area at day or night .

6.3.5 The site adjoins the Listed Tollgate Cottage which is a 19th century replacement for the original toll house. The historical context of the building has changed since its construction as the area has been built up with commercial enterprises and the construction of the new main route into Ludlow from the north of Coronation Avenue in the 1930’s. The proposed development will have an impact on the setting of the building but in many ways this will be a positive change by remov ing the existing buildings and replacing them with a low building faced with a palette of local materials and good landscaping. In para 8.1 in the HIS the conclusion is that “ a well-designed garage will be a better neighbour than a series of rather unattractive structures, many derelict , the open storage of building materials...... ”. There is also a transport connection between the historical infrastructure of a different age and a modern filling station.

6.3.6 Officers are satisfied that the proposals will not adversely affect the character and appearance of the Conservation Area and satisfactorily preserve the setting of listed buildings. As a result the develo pment is in accordance with the duties of the local planning authority under the Planning (Listed Buildings and Conservation Areas) Act 1990 and

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Brian Mear (Bricks) Ltd Former Burway Abattoir South Planning Committee – 10 March 2015 Bromfield Road Ludlow Shropshire SY8 1DN

relevant planning policies.

6.4 Access, parking and Highway Safety 6.4.1 Public access to the Petrol Filling Station will be from Coronation Avenue only with a western access providing the entrance and the eastern access the egress. Coronation Avenue is subject to a 30 mph speed limit. There will be an entrance from Bromfield Road for service vehicles and emergency vehicles only. Satisfactory visibility splays can be achieved for traffic speeds in the locality.

6.4.2 The planning application is accompanied by a Transport Statement (TS) which assesses the current and proposed traffic flows and the impact of the proposed use on the safety of highway users. The Statement is based on a traffic survey undertaken in October 2013. The Statement considers that the filling station and associated convenience store will not be a significant traffic generator in its own right. The customer base will, with minimal exceptions, be from existing traffic travelling along Coronation Avenue and turning movements at peak times will be in the order of 54 vehicles entering the site in any one hour. The TS concludes that even at peak times the traffic accessing and egressing from the filling station will not affect the free flow of traffic on the adjacent roads. The roads in the vicinity of the site have a good safety record and the report concludes that there are no material highway reasons why planning permission should not be granted . The Council’s Highways Officer has analysed the TS and is satisfied, subject to planning conditions relating to the access and parking, that t he development will not have a detrimental impact on highway safety in the vicinity of the site.

6.4.3 Ludlow Town Council is concerned about safety, access and the potential for traffic build up on an already busy approach road into the town and the main pedestrian route to Ludlow Secondary School. They go on to suggest that a mini roundabout and other measures are required and should be paid for by the developer.

6.4.4 Section 203 of the National Planning Policy Framework ( NPPF) states the following regarding planning obligations, which is applicable to off -site highway works.

"203. Local planning authorities should consider whether otherwise unacceptable development could be ma de 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.

204. Planning obligations should only be sought where they meet all of the following tests:

The tests are: 1) necessary to make the development acceptable in planning terms 2) directly related to the development and; 3) fairly and reasonably related in scale and kind to the development.

Taking into account the existing use of the land and the associated potential vehicle movements that could be generated by the existing use if it is operating at optimum capacity, compared to the number of additional trips associated with the proposed development, i t is not co nsidered that a request for junction improvements works would meet the required legal tests. However, the developer is willing to fund or provide pedestrian improvements which could include barriers of a design appr opriate for a Conservation Area. This wou ld be secured by means of a legal agreement

6.5 Flood risk and Pollution Management 6.5.1 The location of the site close to the River Corve and above an aquifer has understandably

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drawn a number of objections. The location of the fuel tanks and risk of pollution has been a major consideration in dealing with the application. Initially the tanks were proposed to be located under ground beneath the pumps. The Environment Agency (EA) objected due to the inadequacy of information provided to demonstrate the protection of controlled waters.

6.5.2 The agent commissioned further reports as requested by the EA. Tanks above ground were considered but Officers were concerned about the significant visual impact of the large containers and the fact that such tanks are vulnerable to impact by vehicles or acts of sabotage. The only way forward was to locate the tanks below ground level but above the water table. Further work was undertaken including the sinking of boreholes to confirm the depth of the ground water l evel. Amended plans were subsequently submitted and cross sections produced.

6.5.3 The two tanks are proposed to be installed in the ground at a depth of 1.0m above the ground water level. They sit on a concrete slab at a depth of 4 m below ground level. They are in consequence partially submerged tanks and will be a ‘ Convault ’ System incorporating secondary containment. The agent states that they are designed principally for above ground installations and were designed initially for the American Government. The system is bomb proof and has been approved by the London Fire Brigade.

6.5.4 The area around the tanks will be contained by stone walls, back filled and the ground level raised by 1.3 m. A landscape plan has been provided by John Challoner Ass ociates to demonstrate how it will be planted with shrubs with access to the manhole covers. The tank compound is screened from Bromfield Road by the existing stone wall and adjoins the car parking area set aside for the café. The visual impact is satisfac tory.

6.5.5 The EA advise that in the absence of the tanks being set above ground or within tertiary containment, being pragmatic they are not minded to object to the proposed development based on the likely risk to groundwater, the proposed tank design and bearing in mind the site context.

6.5.6 The siting of tanks above ground has been discounted due to the significant visual impact. The need for tertiary containment has been discussed with the agent. He advises that tertiary containment is not neces sary because the tank s are double skin construction with a void between two 5mm thick steel plates. The void is filled with non-corrosive liquid (mono glycol) and provide s continuous monitoring of both the fuel and the secondary containment system allowing alarm on the failure of either and time for action before fuel can escape the system. The proposed Convault system complies with these requirements and provides the additional protection of the reinforced concrete jacket that is explosion proof, bullet p roof and impact resistant from vehicles. The Council’s Petroleum Licensing Officer and Public Protection Officers have confirmed that the proposed design, location and type of tanks proposed are acceptable.

6.5.7 The applicant has provided a Flood Risk Assessment (FRA). Based upon the EA Flood Map the site is shown to lie almost entirely in Zone 2 flood risk area and the very north- eastern corner of th e site falling within Zone 3a. However, t he best available information, namely modelled Corve No.3 (Burwa y) Bridge Replacement Flood Assessment data provided by Shropshire Council, demonstrates that the site lies outside of the 1% AEP flood extent of the River Corve, taking into account climate change over (and beyond) the lifetime of the development. Flood r isk vulnerability and flood zone ‘compatibility’ of NPPF Technical Guidance indicates that the proposed ‘less vulnerable’ development land use is entirely appropriate in this location in flood risk terms. Finished floor levels of the proposed building will be elevated in order to provide flood protection. No functional or active flood storage or conveyance capacity will be displaced

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as a result of the proposed development. This meets the requirements of the EA’s standing advice.

6.5.8 The site has previously been used as an abattoir and there is the potential for the land to be contaminated. Ground disturbance and new development may mobilise potential contaminants or be affected by the contaminants on site. As a result conditions are recommended to require a report on the ground conditions and remediation methods, if required.

6.6 Surface Water Drainage 6.6.1 At present the site is partly developed. Rainfall falling on hard surfaces drains to the public sewer system located in Bromfield Road and the und eveloped section of the site discharges through infiltration to the sub -soils. The total impermeable area of the site will increase as a result of the proposed development with a potential associated increase in the volume and rate of off -site runoff.

6.6.2 The Flood Risk Assessment (FRA) sets out proposals for surface water management including a Sustainable Drainage Systems (SuDS). Existing drainage connections will be retained where possible and adequate surface water attenuation storage capacity will be provided on site to ensure that ‘post development’ runoff rates are in line with Shropshire Council guidance (a reduction in run off of 50% is required on ‘brownfield’ sites) including the 1% annual proba bility storm event to account for climate change.

6.6.3 Surface water runoff from the site will receive treatment using pollution control measures such as catchpits, trapped gullies and oil/grit separators prior to discharge into the existing surface water network.

6.6.4 The Council Flood Risk Management team have considered the FRA and are satisfied that suitable surface water drainage can be achieved in accordance with policy CS18. A condition is recommended to ensure that the final design is submitted and agreed before development commences.

6.7 Impact on the amenity of neighbours 6.7.1 There is one property in close proximity to the site. This is a detached house on the south side of Bromfield Road. The house is about 17m from the side of the store and there is a stable block located on the boundary between the site and the dwelling. The resident is concerned about noise and maintenance of his boundary. The proposed landscaping scheme includes trees and native hedge planting along the eastern boundary of the site. The stables will provide a buff er between the house and the filling station. Any existing rights to maintain the wall would be retained and the appearance of a hedge is preferable to the present appearance of the walls and fences . T he applicant is aware of the concern and has confirmed that they will honour any legal rights that their neighbour has to maintain walls/fences, and that any legal requirement to manage the hedge to maintain access will be met . Ultimately, this is a private issue between the parties concerned.

6.7.2 The next nearest residents are over 100 m distant on Burway Lane and Lower Corve Street and it is not anticipated that the amenity of these properties will be adversely affected by the development.

6.8 Ecology 6.8.1 The ecological assessment of the existing buildings on the site and surrounding land showed that none of the buildings are used by bats. There was, however, evidence of swallows nesting. The County Ecologist has no objection to the proposal subject to a condition controlling external lighting and the provision of artificial nests. The requirements

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of policy CS 17 to protect and enhance habitats are met.

7.0 CONCLUSION This proposal has been the subject of negotiations over several months and they have resulted in a scheme that Officers can supp ort. The position, type and robust design of the fuel tanks are appropriate for the location and the risk of pollution is minimised to the satisfaction of the Environment Agency and the Council’s Public Protection team. The design of the building, canopy a nd layout of the site is visually appropriate for the area. The impact of the proposal on the local highway has been thoroughly considered and the Highways Officer is satisfied that the development will not have an adverse impact on the safety of road user s and pedestrians. The development is in accordance with planning policies and is recommended for approval subject to conditions.

8.0 Risk Assessment and Opportunities Appraisal

8.1 Risk Management

There are two principal risks associated with t his recommendation as follows:

As with any planning decision the applicant has a right of appeal if they disagree with the decision and/or the imposition of conditions. Costs can be awarded irrespective of the mechanism for hearing the appeal, i.e. writte n representations, hearing or inquiry. The decision may be challenged by way of a Judicial Review by a third party. The courts become involved when there is a misinterpretation or misapplication of policy or some breach of the rules of procedure or the pri nciples of natural justice. However their role is to review the way the authorities reach decisions, rather than to make a decision on the planning issues themselves, although they will interfere where the decision is so unreasonable as to be irrational or perverse. Therefore they are concerned with the legality of the decision, not its planning merits. A challenge by way of Judicial Review must be made a) promptly and b) in any event not later than six week s after the grounds to make the claim first arose.

Both of these risks need to be balanced against the risk of not proceeding to determine the application. In this scenario there is also a right of appeal against non -determination for application for which costs can also be awarded.

8.2 Human Rights

Article 8 gives 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 on residents.

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

8.3 Equalities

The concern of planning law is to regulate the use of land in the interests of the public at large, rather than those of any particular group. Equality will be one of a number of

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‘relevant considerations’ that need to be weighed in Planning Committee members’ minds under section 70(2) of the Town and Country Planning Act 1970.

9.0 Financial Implications

There are likely financial implications if the decision and / or imposition of conditions is challenged by a planning appeal or judicial review. The costs of defending any decision will be met by the authority and will vary dependent on the scale and nature of the proposal. Local financial considerations are capable of being taken into account when determining this planning application – insofar as they are material to the application. The weight given to this issue is a matter for the decision maker.

10. Background

Relevant Planning Policies

Central Government Guidance:

National Planning Policy Framework Part 1: Building a strong, competitive economy Part 2: Ensuring the vitality of town centres Part 4: Promoting sustainable transport Part 7: Requiring good design Part 8: Promoting Healthy Communities Part 10. Meeting the challenge of climate change, flooding and coastal change Part 11. Conserving and enhancing the natural environment Part 12: Conserving and enhancing the historic environment

...... Core Strategy Development Plan Document CS3 The Market Towns and other Key Centres CS6 Sustainable Design and Development Principles CS8 Facilities, Services and Infrastructure Provision CS13 Economic Development, Enterprise and Employment CS15 Town and Rural Centres CS17 Environmental Networks CS18 Sustainable Water Management

RELEVANT PLANNING HISTORY:

13/02760/FUL Demolition of existing buildings on former Burway Abattoir site and erection of proposed new petrol filling station and convenience store with new vehicular access WDN 5th October 2013

09/01227/FUL Retention of existing portacabin for a further 5 years GRANT 27th August 2009

SS/1/03/15231/F Retention of existing portacabin for a further 5 years PERCON 30th January 2004

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SS/1/99/009587/F Siting of a portacabin for office-showroom. PERCON 11th February 1999

SS/1983/376/P/ Use of land for the storage of scaffolding. PERCON 29th September 1983

11. Additional Information

View details online: http://planningpa.shropshire.gov.uk/online- applications/simpleSearchResults.do?action=firstPage

List of Background Papers Planning file 14/00563/FUL

Cabinet Member (Portfolio Holder) Cllr M. Price Local Member

Cllr Andy Boddington Appendices APPENDIX 1 - Conditions

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APPENDIX 1

Conditions

STANDARD CONDITION(S)

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91(1) of the Town and Country Planning Act, 1990 (As amended).

2. The development shall be carried out strictly in accordance with the deposited plan numbers PA61A, PA63D, PA64, PA65, PA66, PA71 and Landscaping Scheme LA3393 dwg. 1.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details.

3. Notwithstanding the details containned on the application form, no built development shall commence until samples of all external materials have been first submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approval details.

Reason: To ensure that the external appearance of the development is satisfactory.

CONDITION(S) THAT REQUIRE APPROVAL BEFORE THE DEVELOPMENT COMMENCES

4. No development shall take place until details of the means of access, including the layout, construction and sightlines have been submitted to and approved by the Local Planning Authority. The agreed details shall be fully implemented before the use hereby approved is commenced or the building occupied.

Reason: To ensure a satisfactory means of access to the highway.

5. No development shall take place until details for the parking, turning, loading and unloading of vehicles have been submitted to and approved by the Local Planning. The approved scheme shall be laid out and surfaced prior to the first occupation of the development and thereafter be kept clear and maintained at all times for that purpose.

Reason: To avoid congestion in the surrounding area and to protect the amenities of the area.

6. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: the parking of vehicles of site operatives and visitors loading and unloading of plant and materials

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storage of plant and materials used in constructing the development the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate wheel washing facilities measures to control the emission of dust and dirt during construction a scheme for recycling/disposing of waste resulting from demolition and construction works

Reason: To avoid congestion in the surrounding area and to protect the amenities of the area.

7. Prior to the erection of any external lighting on the site a lighting plan shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and thereafter retained for the lifetime of the development. The submitted scheme shall be designed to take into account the advice on lighting set out in the Bat Conservation Trust booklet Bats and Lighting in the UK

Reason: To minimise disturbance to bats, a European Protected Species and to limit light pollution

8. No development shall take place until a scheme of foul drainage, and surface water drainage has been submitted to, and approved by the Local Planning Authority. The approved scheme shall be completed before the development is occupied.

Reason: To ensure satisfactory drainage of the site and to avoid flooding.

9. No development shall commence until details are submitted to and agreed in writing with the Local Planning Authority demonstrating how fuel spillages from the forecourt will be prevented from entering the surface water system.

Reason: To ensure no pollution of the water table or watercourses takes place.

10. a) No development shall take place until a Site Investigation Report has been undertaken to assess the nature and extent of any contamination on the site. The Site Investigation Report shall be undertaken by competent person and be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. The Report is to be submitted to and approved in writing by the Local Planning Authority.

b) In the event of the Site Investigation Report finding the site to be contaminated a further report detailing a Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

c) The works detailed as being necessary to make safe the contamination shall be carried out in accordance with the approved Remediation Strategy.

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d) In the event that further contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of (a) above, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of (b) above, which is subject to the approval in writing by the Local Planning Authority.

e) Following completion of measures identified in the approved remediation scheme a Verification Report shall be submitted to and approved in writing by the Local Planning Authority that demonstrates the contamination identified has been made safe, and the land no longer qualifies as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to human health and offsite receptors.

11. The petrol filling station shall not commence trading until the proposed pedestrian improvement along Coronation Avenue and Bromfield Road has been fully implemented in accordance with the approved details defined by the legal agreement accompanying this permission.

Reason: In the interest of highway safety.

CONDITION(S) THAT REQUIRE APPROVAL DURING THE CONSTRUCTION/PRIOR TO THE OCCUPATION OF THE DEVELOPMENT

12. Prior to the first occupation of the new building, details of 8 woodcrete artificial nests suitable for swallows and 3 for other small birds such as robin, blackbird, tit species and sparrow shall be shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented in full prior to the occupation of the building.

Reason: To ensure the provision of nesting opportunities for wild birds

CONDITION(S) THAT ARE RELEVANT FOR THE LIFETIME OF THE DEVELOPMENT

13. No construction and/or demolition work shall commence outside of the following hours; Monday to Friday 07:30 - 18;00, Saturday 08:00 - 13:00. No works shall take place on Sundays and Bank Holidays.

Reason: In order to protect the health and well being of residents in the area.

14. All hard and soft landscape works shall be carried out in accordance with the approved details (John Challoner Associates plan reference LA3393 drawing no. 1) and to a reasonable standard in accordance with the relevant recommendations of appropriate

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British Standard 4428:1989. The works shall be carried out prior to the occupation of any part of the development or in accordance with the timetable agreed with the Local Planning Authority. Any trees or plants that, within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced with others of species, size and number as originally approved, by the end of the first available planting season.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs.

15. No deliveries shall occur outside of the following times; Monday to Friday 07:00-22:00, Saturday 08:00-17:00, Sunday and Bank holidays 08:00-13:00.

Reason: To protect the amenity of local residents

16. No burning shall occur on site at any time

Reason: to protect the amenity of local residential properties

Informatives

1. Works within the highway (S.50 License)

This planning permission does not authorise the applicant to carry out works within the publicly maintained highway. The applicant should apply to the Coordination Manager at the appropriate Area Office: - Bridgnorth.

[email protected]

Who shall be given at least 3 months notice of the applicant's intention to commence any works affecting the public highway so that the applicant can be provided with an appropriate licence, approved specification for the works together and a list of approved contractors, if required

http://www.shropshire.gov.uk/hwmaint.nsf/open/D8DAF1CB579FD61380256E2A004908 E

2. Bats All species of bats found in the UK are European Protected Species under the Habitats Directive 1992, the Conservation of Species and Habitats Regulations 2010 and the Wildlife & Countryside Act 1981 (as amended).

If a live bat should be discovered on site at any point during the development then work must halt and a licenced ecologist should be contacted for advice.

Nesting birds The active nests of all wild birds are protected under the Wildlife & Countryside Act 1981 (As amended). An active nest is one being built, containing eggs or chicks, or on which fledged chicks are still dependent.

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All clearance, conversion and demolition work in association with the approved scheme shall be carried out outside of the bird nesting season which runs from March to September inclusive

If it is necessary for work to commence in the nesting season then a pre- commencement inspection of the vegetation and buildings for active bird nests should be carried out. If vegetation cannot be clearly seen to be clear of bird's nests then an experienced ecologist should be called in to carry out the check. Only if there are no active nests present should work be allowed to commence.

3. Surface Water Drainage

As stated in the FRA, the use of soakaways should be investigated in the first instance for surface water disposal. Percolation tests and the sizing of the soakaways should be designed in accordance with BRE Digest 365 to cater for a 1 in 100 year return storm event plus an allowance of 20% for climate change. Full details, calculations and location of the percolation tests and the proposed soakaways and overall drainage layout should be submitted for approval.

If soakaways are not feasible, the storage volumes and discharge rates as stated in the FRA are acceptable.

The submitted surface water drainage details should include a contoured plan of the finished road levels together with confirmation that the design has fulfilled the requirements of Shropshire Councils Surface Water Management: Interim Guidance for Developers paragraphs 7.10 to 7.12 where exceedance flows up to the 1 in 100 years plus climate change should not result in the surface water flooding of more vulnerable areas within the development site or contribute to surface water flooding of any area outside of the development site.

If non permeable surfacing is used on the driveways and parking areas and/or the driveways slope towards the highway, the applicant should submit for approval a drainage system to intercept water prior to flowing on to the public highway.

If further information is required on drainage, please contact Shropshire Council's Flood and Water Management Team, The Shirehall, Abbey Foregate, Shrewsbury SY2 6ND or [email protected]

4. Environment Agency Advice The construction of the petrol filling station infrastructure must be in line with current best practice, in particular: DEFRA Groundwater Protection Code 'Petrol stations and other fuel dispensing facilities that involve underground fuel storage tanks'; 'The Design, Construction, Modification, Maintenance and Decommissioning of Filling Stations (Third Edition)' by APEA and Energy Institute; and our Pollution Prevention Guidance 7 on Refuelling Facilities.

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5. Advertisement Control

Notwithstanding submitted drawing no. PA 69 showing a proposed price display goal post sign, an application for Consent to Display Advertisements is required for all advertisements and directional signs on the site . The submitted drawing has been treated as an illustrative plan and approval is not granted by this planning permission for a sign of the size and height proposed.

6 Statement of Compliance with paragraph 187 of the National Planning Policy Framework In arriving at this decision the Council has used its best endeavours to work with the applicant in a positive and proactive manner to secure an appropriate outcome as required in the National Planning Policy Framework paragraph 187.

In determining this application the Local Planning Authority gave consideration to the following policies: - Central Government Guidance:

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Page 38 Agenda Item 6

Committee and date

South Planning Committee

10 March 2015

Development Management Report

Responsible Officer: Tim Rogers email: [email protected] Tel: 01743 258773 Fax: 01743 252619

Summary of Application

Application Number: 14/02129/OUT Parish: Highley

Proposal: Outline application for residential development to include access, layout and scale

Site Address: Development Land East Of Bridgnorth Road Highley Shropshire

Applicant: F H Maiden & Sons

Case Officer: Heather Bradley email: [email protected]

Grid Ref: 373923 - 284093

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Recommendation:- Refuse for the following reasons.

1. Insufficient information has been provided to enable the Local Planning Authority able to conclude that the proposal will not cause an offence under the Conservation of Habitats and Species Regulations (2010), the scheme as such is contrary to National Planning Policy Framework and Shropshire Council Local Development Framework Core Strategy CS17.

2. In the absence of the agreement to make a contribution towards affordable housing provision, the proposed dwellings would be contrary to Policy CS11 of the Shropshire Council Local Development Framework Core Strategy and to the Council's Supplementary Planning Document on the Type and Affordability of Housing.

REPORT

1.0 THE PROPOSAL

1.1 This application seeks outline planning consent for 9 bungalows to include access, layout and scale. The appearance and landscaping are reserved for consideration at the reserved matters stage in the event of outline planning permission bein g granted.

2.0 PURPOSE OF REPORT AND REASON FOR COMMITTEE DETERMINATION OF APPLICATION

2.1 An appeal has been lodged against non-determination of this application and the decision now rests with the Planning Inspectorate. However the Council is required in the appeal process to indicate what its decision would have been if it still had authority to determine the application.

2.2 The application is presented to committee as the Parish Council has submitted a view contrary to officers and the applicat ion has been requested to be referred by the Local Member.

3.0 SITE LOCATION/DESCRIPTION

3.1 The application site is a parcel of land roughly 0.79 hectares located on the east of B4555 (Bridgnorth Road) on the edge of Highley. The site is currently pasture land accessed off the B4555 via a single width track, which is part tarmacked at the junction with the road, before dissipating into a rough gravelled surface. The land slopes gently down towards the south and east towards the Severn Valley.

3.2 The existing access is also a bridleway and a right of way runs along the boundary with the east of the application site. To the south lies the residential properties of Vicarage Lane, north is further pasture land and to the west the rear gardens of the dwellings fronting Bridgnorth road.

4.0 Community Representations

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Development Land East Of Bridgnorth Road South Planning Committee – 10 March 2015 Highley Shropshire

4.1 - Consultee Comments

4.1.1 Highley Parish Council – The Parish Council object to this application on the grounds that it is outside the building line and in an area of high landscape value within the Severn Valley.

The Parish Council are also concerned about the access to this development. The application is contrary to Shropshire Councils local plan with no new developments to be built to the east of the village, which was ap proved by Shropshire Council. The Parish Plan for Highley stated that there was sufficient housing commitment for current and future requirements.

4.1.2 Affordable Housing Enabling Team - Core Strategy Policy CS11 requires all open market residential development to contribute to the provision of affordable housing. If this development is considered to be acceptable then in accordance with the adopted Policy any consent would need to be subject to a Section 106 Agreement requiring an affordable housing contribution. The contribution will need to accord with the requirements of the SPD Type and Affordability of Housing and will be set at the prevailing percentage target rate at the date of a full application or the Reserved Matters application.

4.1.3 Drainage – No Objections subject to conditions and informatives requiring: -

Surface water drainage details, plan and calculations; Details of soakways and percolation tests; Drainage plan if non permeable surfacing used on hard surfaced areas; Contoured plan of finished road levels; The southern boundary is at risk of surface water flooding, details on how the surface water runoff will be managed and how the flow of the flood water could be routed away from the property and will not cause flooding of any property either within the proposed development or any other in the vicinity and to ensure that the finished floor levels are set above any known flood level and must not be lower than the floor level of the existing building. Informative - Consent is required from the service provider to connect into the foul main sewer.

4.1.4 Rights of Way – Part of Bridleway 13 Highley runs along part of the proposed access to the proposed development although there is no reference to this public right of way on the block plan or within any of the background papers. The bridleway should be taken into consideration when processing this application.

The applicants will need to clarify their intentions in respect of the bridleway and whether it is proposed to be diverted awa y from the access to avoid conflict between walkers, horse riders and cyclists with vehicular traffic or whether measures will be taken to address the safety of users of the right of way, if it is not diverted. If it is intended to adopt the access as a public road, the Bridleway will require stopping up. The applicants may need to apply to the Mapping and Enforcement Team for a temporary closure of the Bridleway during the period of development if it cannot be safely kept open and available to users.

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Development Land East Of Bridgnorth Road South Planning Committee – 10 March 2015 Highley Shropshire

4.1.5 Highways Development Control – No objections subject to conditions regarding visibility splays and requiring precise details of access layout detail; Informative recommended regarding need to obtain highway licence before any works commence on highway land;

4.1.6 Ecology – Object - Additional information is required relating to Ecology in the form of an E cological Assessment. In the absence of this additional information refusal is recommended since it is not possible to conclude that the proposal will not cause an offence under the Conservation of Habitats and Species Regulations (2010).

4.1.7 Public Protection - No objection to the development in principle however this service is likely to place conditions to ensure that electric charging faciliti es are provided in all residential dwellings with off road parking at reserved matters stage;

4.1.8 Coal Authority – The application site does not fall with the defined Development High Risk Area and is located instead within the defined Development Low Risk Area.

In accordance with the agreed approach to assessing coal mining risks as part of the development management process, if this proposal is granted planning permission, it will be necessary to include The Coal Authority’s Standing Advice within the Decision Notice as an informative note to the applicant in the interests of public health and safety.

4.1.9 Ramblers Association – No response received;

4.2 - Public Comments

4.2.1 Local Member – Cllr Tremellen - Objects

1) Is outside the develop ment boundary.

2) Does not come within the SAMDev Plan Preferred Options.

3) Ian Kilby's opinion whilst at BDC? "The view of the Bridgnorth Office is that we would prefer not to see more development on the eastern side of the village - i.e to not add to existing development on the western ridge of the Severn Valley or the upper slopes to the western side of the village. We consider therefore that any allocations should be on land to the south/southwest on the basis of landscape impact." (Nothing has alter ed in the interim.)

4) Balance of housing supply required of Highley (ref SAMDev)? 30 houses. Number of houses currently awaiting development with OPP? 177, with 10 (Rhea Hall garage site) due to be built towards the end of 2014.

4.2.2 5 objections received: - Adverse impact on scenic beauty of Severn Valley; Access is on a bend and dangerous; The access is also a bridle path and used by walkers;

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Development Land East Of Bridgnorth Road South Planning Committee – 10 March 2015 Highley Shropshire

Loss of Privacy; Noise disturbance from use, layout and density; Street lighting – out of character with area; Loss of rural view; De-valuation of house; The village is already too big for the amenities it has, the Doctors surgery is overcrowded and people have to use the Cleobury Mortimer Surgery; The additional housing will put extra pressure on the Doctors Surgery; The existing road network is already in a poor state of repair; This proposed development will encroach onto the green fields; Electric supply - cut off’s or blackouts - average five or six times a year. Water supply, despite thousands spent on it, continues to be regularly disrupted in the village. Water pressure is regularly poor. Drainage and flooding is a growing problem; Job opportunities are few and far between and any newcomers to the Village would have to be looking to travel (more cars) fo r work or to “major shop.” Highley Parish Plan - The village view was for no further development around the perimeters of the village but to concentrate on “infill” sites.

5.0 THE MAIN ISSUES

Principle of development Affordable Housing Contribution Access and Highway Safety Right of way Layout, scale and design Visual impact and landscaping Drainage Biodiversity Residential and neighbour amenity Open Space

6.0 OFFICER APPRAISAL

6.1 Principle of development

6.1.1 National Planning Policy Framework: The National Planning Policy Framework (NPPF) sets out a presumption in favour of sustainable development, and notes that applications for planning permission must be determined in accordance with the Development Plan, unless material considerations indicate otherwise

6.1.2 The NPPF constitutes guidance for local planning authorities as a material consideration to be given significant weight in determining applications. The NPPF specifically aims to ‘boost significantly the supply of housing’ theref ore, the fact (and degree) that a proposed development helps to boost housing supply is a significant material consideration to which considerable weight must be attached. These considerations have to be weighed alongside the provisions of the Development Plan, including those relating to housing supply.

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Development Land East Of Bridgnorth Road South Planning Committee – 10 March 2015 Highley Shropshire

6.1.3 Shropshire Core Strategy and Saved Bridgnorth District Local Plan Policy: Core Strategy Policies CS1, CS3, CS4, CS5 and CS11 seek to locate new housing on sites within and adjoining market tow ns, ‘key centres’ and other settlements (‘Community Hubs and Clusters’) as identified in the emerging Site Allocations and Management of Development (SAMDev) plan. Isolated or sporadic development in open countryside is unacceptable without special justifi cation.

6.1.4 Highley is identified as a key centre and is seen as the focus for the development of services and facilities for the wider hinterland with balanced housing and employment growth.

6.1.5 The application site is outside the town’s develo pment boundary as identified in Policy S1 of the saved Bridgnorth Local Plan and thus is classed as a countryside location . CS5 of the Core Strategy strictly controls new development in the countryside requiring development to maintain and enhance the coun tryside’s character and vitality, and improve the sustainability of rural areas.

6.1.6 SAMDev - Emerging Policy: Shropshire Council submitted the SAMDev Plan for Examination on 1 st August 2014. Although the programmed hearing sessions closed on 18 th December 2014 there are some outstanding matters that may require additional limited hearing time. The Examination does not formally close until the Council has received the Inspector’s Report.

6.1.7 Of particular relevance are policies S9: Highley area and MD3: Managing housing development. Policy S9 sets out the emerging approach to the future development in the town supplementing adopted Policy CS3. The residential growth requirement for Highley is for around 200 dwellings from 2006 to 2026. Since 2006 around 167 dwellings have been completed or have planning permission (at 2014) leaving a residual requirement from now up to 2026 of around 33 dwellings. The Submission version of the Plan includes draft allocation proposals at Rhea Hall (around 30 dwellings) . MD3 sets out the overarching approach to consideration of housing development proposals. It should be noted that there are outstanding objections to the housing requirement and development boundary (although not in this location), and to elements of MD3, that will be resolved through the Examination.

6.1.8 As set out in paragraph 216 of the NPPF, the ‘weight’ that can be attached to relevant policies in emerging plans such as the SAMDev depends on the stage of preparation, extent of unresolved objections, and degree of consistency with the NPPF. The Plan is clearly at an advanced stage in the terms of para 216, but there are unresolved objections to some aspects of it, so the SAMDev Plan policies can be given some weight, but limited weight (depending on the policies being referred to) pending the outcome of the Examination.

6.1.9 Housing Land Supply: At November 2014, using data up to 31st March 2014, Shropshire Council considers that it can demonstrate a 5 year supply of housing land. The Five Year Housing Land Supply Statement prepared for the SAMDev Plan Examination shows 5.43 years’ supply for Shropshire, which includes the 20% buffer for ‘persistent under delivery’ and catching up for past delivery shortfall within five years (around 2000 houses) . It is already clear from the SAMDev Plan Examination Inspector’s Interim Note

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Development Land East Of Bridgnorth Road South Planning Committee – 10 March 2015 Highley Shropshire

(http://shropshire.gov.uk/media/1283086/Inspectors-Interim-Note-1-Strategy.pdf da ted 2 December 2014) that the Core Strategy housing requirements are considered to apply to the SAMDev Plan and to the calculation of the 5 years supply i.e. the question of the ‘objectively assessed need’ for housing does not need to be reconsidered at th is time.

6.1.10 Residential development in this location is not in accordance with the Development Plan (Core Strategy and Bridgnorth Local Plan) or the emerging SAMDev Plan. As the Council can currently demonstrate a five year supply of deliverable housi ng sites the Local Plan policies on housing supply should not be considered out -of- date in relation to NPPF paragraph 49. Notwithstanding this, it is still considered appropriate to give appropriate consideration to the NPPF’s presumption in favour of sustainable development and the aim of boosting significantly housing supply. This is particularly relevant given the age of the Bridgnorth Local Plan and that the outcome of the Inspector’s consideration of the SAMDev Plan, with regards to proposals for High ley, has yet to be received.

6.1.11 The Core Strategy states that “balanced housing and employment development” within development boundaries and on allocated sites will help key centres “maintain and enhance their roles in providing facilities and servi ces to their rural hinterlands, and [in] providing a foci for economic development and regeneration”. CS3 identifies that Highley will have development that balances environmental constraints with meeting local needs and includes an indicative level of residential development of up to 500 houses over the Plan period (2006 -26) (table 2).

6.1.12 Submitted SAMDev policy S9 provides greater detail to the strategy for Highley and proposes a housing guideline of around 200 dwellings in the Plan period and allocates a site at Rhea Hall for development of around 30 dwellings. It should be noted that the outline approval at Jubilee Drive is not included in the housing requirement and is noted as being additional (submitted SAMDev Plan para 5.95). The proposed development has the scope to boost housing supply in Highley but, in doing so, would also mean development slightly in excess of the town’s emerging SAMDev Plan housing guideline figure (using March 2014 data). The development would narrowly take the completions (86) and commitments (81), and allocations, beyond 200. However, the housing requirement is for ‘around’ 200 and this requirement is not considered a ‘cap’ on development, having regard to the presumption in favour and further considerations in Policy MD3 (when appropriate weight can be given to the policy).

6.1.13 As noted earlier, the housing requirement itself forms part of the emerging SAMDev Plan and has to be treated with caution pending the outcome of the Examination. Submitted SAMDev Policy MD3 indicates that the cumulative impacts of development can be a relevant policy consideration. However, in this context it is considered that limited weight can be attached to this policy pending the outcome of the Examination. In this context, the benefits arising from the development, and the impacts of the development, must be considered within the context of the presumption in favour of sustainable development (these considerations are also part of emerging MD3).

6.1.14 Sustainability: Highley is identified as one of the key centres in Policy CS3 of the

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Development Land East Of Bridgnorth Road South Planning Committee – 10 March 2015 Highley Shropshire

Core Strategy. This establishes the principle of Highley as a sustainable location for new development. The application site in particular is located within walking distance of town centre services and facilities (the town centre around 500m from the site boundary) and is within close proximity to the Severn Centre. It is considered that in these respects there are clear sustainability credentials to the site which must be weighed up when determinin g the application.

6.1.15 Sustainable development’ isn’t solely about accessibility and proximity to essential services . T he NPPF states that it is ‘about positive growth – making economic, environmental and social progress for this and future generatio ns’. In paragraph 7 of the NPPF it states that these three dimensions give rise to the need for the planning system to perform a number of roles:

• an economic role - contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure;

• a social role - supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well -being; and

• an environmental role - contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prude ntly, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy

6.1.16 Economic Role: - The proposal will help boost the supply of housing in Shropshire and may provide opportunity for local employment during the construction phase of the development supporting local builders, building suppliers and other service providers. It would also be assumed that f uture occupiers of the dwellings will use services within Highley, contributing to the long term economic growth of the settlement .

The proposal will make a contribution to the supply of affordable housing in addition to a CIL payment which will provide a financial contribution towards infrastructure within Highley in line with the aspirations of the Place Plan.

6.1.17 Social Role: - The social dimension seeks to support strong, vibrant and healthy communities. The provision of additional housing will help support and maintain existing facilities and services in Highley and will benefit both the existing and future residents and help meet the needs of present and future generations .

6.1.18 Environmental Role: - The environmental dimension of sustainability is concerned with protecting and enhancing the natural, built and historic environment and ad apting to climate change. The site is previously undeveloped agricultural land with no specific heritage, cultural or ecological designation. A full assessment of the

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Development Land East Of Bridgnorth Road South Planning Committee – 10 March 2015 Highley Shropshire

impact on the environment is set out below at sections 6.2 and 6.4 of this report.

6.1.19 In assessing the site’s general sustainability it is considered appropriate to take into account the site’s relatively small scale, its location on the edge of the town development boundary, and its proximity to services and facilities. In view of the factors discussed above it is considered that the proposed development is sustainable subject to a satisfactory scale, layout, appearance, landscaping and access and that the proposal does not give any adverse impacts. The NPPF indicates that a proposal of this nature should be supported provided there are no adverse impacts that would outweigh the benefits in the context of the presumption in favour of sustainable development and the aim of significantly boosting housing supply (following the NPPF) .

6.1.20 Affordable Housing Contribution: Core Strategy Policy CS11 requires all new open market housing developments to make appropriate contributions to the provision of local need affordable housing having regard to the current prevailing target rate, set usin g the Shropshire Viability Index. For sites of 5 dwellings and above the provision of affordable housing is expected on site. As the application is outline and council policy requires the number of affordable dwellings be set at the reserved matters stage the number of on site affordable dwellings cannot yet be set in stone. The required S106 as such will refer to the formula figure rather than provide a specific number.

6.1.21 Officers note the recent Ministerial statement of 28 November 2014 and amendme nts to the National Planning Practice Guidance which included the introduction of a threshold beneath which affordable housing contributions should not be sought. The statement and the NPPG is a material consideration in determining a planning application.

6.1.22 Shropshire Council was particularly concerned by how these changes would affect the Council’s ability to deliver much needed rural affordable housing directly on site or indirectly through financial support for Registered Providers (RP’s) and as a consequence it would undermine its housing and community sustainability aspirations enshrined within its adopted Core Strategy.

6.1.23 The Council placed a report before the Council’s Cabinet on 21 January 2015. The Council’s Cabinet met and considere d a report outlining the consequences of applying the Ministerial Statement and the Council’s current Type and Affordability of Housing SPD which sets out the Council’s policy on the provision of affordable housing on open market developments in Shropshire . In terms of the decision it was agreed that the Council will continue to give full weight to Policy CS11 of the adopted Core Strategy and Type and Affordability of Housing SPD and thus will continue to seek provision of on -site affordable housing and/or affordable housing contributions for all residential developments of 10 dwellings or less within the Shropshire area and will continue to require developers to enter int o S.106 agreements for this purpose.

6.1.24 As part of the application process the applicant/agent should complete and submit an Affordable Housing Contribution Proforma. The proforma acts as an agreement to make the finial contribution, albeit to be secured via a S106. In this case no

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proforma has been received and as such in the absence of an agreement to make a financial contribution towards affordable housing provision off -site, the proposed dwellings would be contrary to Policy CS11 of the Shropshire Council Local Development Framework Core Strategy and to the Council's Supplementary Planning Document on the Type and Affordability of Housing. No material considerations have been put forward to suggest that there should be a departure from this policy requirement.

6.2 Access and Highway Safety

6.2.1 The NPPF, at section 4, seeks to promote sustainable transport. At paragraph 32 it states that decisions should take account of whether safe and suitable access to the site can be achieved for all people and that:

“Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.”

6.2.2 Core Strategy policy CS6 seeks to ensure that proposals likely to generate significant levels of traffic be located in accessible locations, where opportunities for walking, cycling and use of public transport can be maximised and the need for car based travel reduced. Saved Policy D6 of the Bridgnorth District Local Plan requires the local road network and access to the site to be capable of safely accommodating the type and scale of traffic likely to be generated.

6.2.3 Although a traffic assessment was submitted with this application the Councils Highways officer considers it to be incorrect in parts, in particular the required visibility splays and the lack of information on the predicted vehicle movements.

6.2.4 To comply with the ‘Manual for Streets’ documents the splays would need to be 2.4m by 43m. The Councils Highways Officer considers that on the basis that a typical domestic dwelling generates on average 6 vehicle movements per day the 9 dwellings proposed would generate possibly 54 movements, plus any associated with the farm access, although it is noted that the dwellings are bungalows and are likely to be occupied by older people who may not make as many journeys each day.

6.2.5 The scheme proposes to utilise the existing access onto the B4555. This section of the highway is within a 30mph zone and in the vicinity of a number of domestic dwellings, each with their own access onto the road. As such drivers passing through Highley at this point would be expecting regular vehicle movements on and off the carriageway at all times due to the nature of the area.

6.2.6 Taking into consideration the above factors the Councils Highways Officer considers that whilst the proposal would have some effect on traffic flow through Highley the impact would not be of a level to cause detriment to highway safety.

6.3 Right of way

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Development Land East Of Bridgnorth Road South Planning Committee – 10 March 2015 Highley Shropshire

6.3.1 It is noted that part of Bridleway 13 Highley runs along the first section of the access to the proposed development. Should permission be granted the developers would need to either apply to divert the Bridleway or seek to incorporate solutions to secure the safety of users of the right and way. It is considered that there is ample space either side of the proposed access to enable the development of either solutions.

6.4 Layout, and scale

6.4.1 Core Strategy policy CS6 seeks to ensure that all development is appropriate in scale, density, pattern and design taking into account the local context and character. Policy CS17 also seeks to protect and enhance the diversity, high quality and local character of Shropshire’s natural, built and historic environment.

6.4.2 Although the appearance of the properties is indicated through the provision of a front and side elevation drawing this is indicative only as the appearance is reserved for later approval. The current submission however does allow for consideration as to whether the layout , density and scale are appropriate or not in relation to the c ontext in which it is proposed.

6.4.3 The proposed site plan (drawing number Highley Pr-01-Rev B) shows a cul de sac of nine detached bungalows to sit around the turning head and the section of the new access road to the rear of the properties facing the Bridgnorth Road. Each bungalow is proposed to have its own parking, and gardens. Four of the bungalows are proposed to have their own accesses off the turning head, with the remaining five sharing two separate drives before splitting into separate parking spaces next to their bungalows. The elevation drawings show a ridge height of approximately 5.3m and an eaves height of around 2.3m.

6.4.4 The existing residential dwellings in the area vary in type and size and the majority have spacious gardens. The application site is considered to be of relatively low density which results in the proposed plots being spacious, this and the single storey nature of the dwellings would be fitting for an edge of settlement location such as this and compliments the charac ter of the surrounding estates.

6.5 Visual impact

6.5.1 Planning Policy Officers note that the site forms part of a ‘broad location’ considered to have medium capacity for housing in the Landscape Sensitivity study (part of the evidence base that informed consideration of sites within the SAMDev Plan preparation) and is considered ‘moderate’ in the generalised landscape character assessment. The site is much smaller than the broad location in the landscape sensitivity study but clearly the impact on t he setting of Highley, recognising the prominent ridge upon which the village stands, and its potential impact on the visual amenity of the area and the Severn Valley needs careful consideration when determining the application.

6.5.2 The site adjoins the current development boundary that runs along the eastern edge of Highley. The proposed layout shows that the built part of the proposal would not project past the existing built development at Vicarage Lane as such it is

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considered that the scheme would relate well with existing built development and would not encroach significantly into the open countryside.

6.5.3 It is acknowledged that due to the location of Highley on the ridge the built development at the edge of Highley is visible from public view points in the wider landscape and it is inevitable that the proposed development would like the adjacent dwellings be visible.

6.5.4 The scale and density of the development is considered appropriate for the size of the application site and its edge of settlement location. The single storey nature of the dwellings would create a low level development which would go some way towards reducing the potential visual impact. Landscaping and appearance of the dwellings are matters to be dealt with at reserve d matters stage should outline planning permission be granted, however it is considered that there is sufficient space to enable the integration of design solutions and landscaping which takes into account the sloping nature of the site to further help mitigate potential impacts on the visual character and appearance of the area. Given these factors it is considered on balance that the impact on visual amenity and the Severn Valley would not be significantly detrimental to justify refusal.

6.6 Drainage

6.6.1 Core Strategy policy CS18 relates to sustainable water management and seeks to ensure that surface water will be managed in a sustainable and coordinated way, with the aim to achieve a reduction in existing runoff rate and not to result in an increas e in runoff. The Councils drainage officer satisfied that subject to conditions securing details of the drainage method, the development can be adequately drained without causing or exacerbating flooding in the site or vicinity.

6.7 Biodiversity

6.7.1 National guidance gives a duty to public bodies (including Local Planning Authorities) to ensure development does not harm protected species or its habitat. The National Planning Policy Framework (NPPF) emphasises that Local Planning Authorities should ensure development contributes to and enhances the natural and local environment including minimising impacts on biodiversity and providing net gains where possible.

6.7.2 The Councils Ecologist recommends that an Ecological Assessment, to include a Phase 1 habitat survey should be provided. At present no such report has been submitted and as such the there is insufficient information to be able to conclude that the proposal will not cause an offence under the Conservation of Habitats and Species Regulation s (2010).

6.8 Residential and neighbour amenity

6.8.1 Core Strategy Policy CS6 requires all development to safeguard the amenities of neighbouring residents. In this case the layout of the site has been submitted for approval, it is possible, in part, to consider the potential impact on the existing residents around the site, although without elevations and appearance of the

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dwelling it is not considered possible to fully establish the impact.

6.8.2 There are residential dwellings to the south and west of the application site, there is no right to a view across private land. In terms of the risk of overlooking, loss of light and overbearing impacts as a result of the development the layout plan submitted indicates that there would be minimum separation distance between the existing and proposed dwellings of approximately 14m with the dwellings to the south and around 27m with the dwellings to the west. Such distances are normally accepted as being sufficient so as not to result in undue impacts on light, privacy or overbearing development.

6.8.3 The single storey nature of the dwellings further limits the potential for the development to be overbearing and the risk of overlooking is generally less as appropriate boundary treatments can be sought that can act as effective screening between properties and protect privacy. Such boundary treatment can be sought through the landscaping proposal for the site, which would be considered during any reserved matters application.

6.8.4 It is almost inevitable that building works anywhere will cause some disturbance to adjoining residents. The SC Public Protection recommend hours of working (07.30 to 18.00 hours Monday to Friday; 08.00 to 13.00 hours Saturdays and not on Sundays , Public and Bank Holidays) to mitigate the temporary impact could be conditioned on any approval issued, along with a condition requiring a construction method statement. The potential impact on the value of a dwelling is not a material planning consideration.

6.9 Open Space

6.9.1 The precise form of open space areas within a development would be a matter for consideration at the reserved matters stage, should outline planning permission be given . R egard would be paid to the Council’s Open Space Interim Planning Guidance adopted in January 2012. The equipping of any open spaces with formal play equipment would have to be through the use of Community Infrastructure (CIL) receipts.

6.10 Impact on Local Services

6.10.1 Concerns have been raised about the capacity of local infrastructure and services to cope with the additiona l demand arising from a further 9 houses being built. It is the duty of the individual service providers to respond to increased demand in line with Government requirements. Many of the services, including the Education and Health Authorities , are involved at a strategic level in local planning and develop their services in accordance with projected increases in population.

7.0 CONCLUSION

7.1 The application is for residential development east of the town but adjacent to the existing (and emerging) development boundary. The site is considered to be in a sustainable location and its layout and scale are appropriate for the area. The development would relate to existing built development being bounded by housing

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to the south and west does not represent significant encroachment into the surrounding countryside. It is considered on balance the scheme would not be detriment al to visual amenity or the character and appearance of the Severn Valley. The scheme can be implemented without compromising highway safety or exacerbating flooding, further the scheme can be development in a manner so as not to result in undue harm on residential amenity.

7.2 However the Council is unable to determine whether the development could be undertaken without harm to the biodiversity of the area or any protected species. The Council is therefore unable to discharge its duty to ensure development does not harm protected species or its habitat. Further the scheme is contrary to Policy CS11 as no commitment has been received from the applicants agent to demonstrate the applicants willingness to enter into a S106 agreement to provide an affordable housing contribution.

7.3 As such it is recommended that planning permission is refused for the following reasons: -

Insufficient information has been provided to enable the Local Planning Authority able to conclude that the proposal will not cause an offence under the Conservation of Habitats and Species Regulations (2010), the scheme as such is contrary to National Planning Policy Framework and Shropshire Council Local Development Framework Core Strategy CS17.

In the absence of an agreement to make a contribution towards affordable housing provision, the proposed dwellings would be contrary to Policy CS11 of the Shropshire Council Local Development Framework Core Strategy and to the Council's Supplementary Planning Document on the Type and Affordability of Housing.

8.0 Risk Assessment and Opportunities Appraisal

8.1 Risk Management

There are two principal risks associated with this recommendation as follows:

As with any planning decision the applicant has a right of appeal if they disagree with the decision and/or the imposition of conditions. Costs can be awarded irrespective of the mechanism for hearing the appeal, i.e. written representations, hearing or inquiry. The decision may be challenged by way of a Judicial Review by a third party. The courts become involved when there is a misinterpretation or misapplication of policy or some breach of the rules of procedure or the principles of natural justice. However their role is to review the way the authorities reach decisions, rather than to make a decision on the planning issues themselves, although they will interfere where the decision is so unreasonable as to be irrational or perverse. Therefore they are concerned with the legality of the decision, not its planning merits. A challenge by way of Judicial Review must be made a) promptly and b) in any event not later than three months after the grounds to make the claim first arose.

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8.2 Human Rights

First Protocol Article 1 requires that the desires of landowners must be balanced against the impact on residents.

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

8.3 Equalities

The concern of planning law is to regulate the use of land in the interests of the public at large, rather than those of any particular group. Equality will be one of a number of ‘relevant considerations’ that need to be weighed in Planning Committee members’ minds under section 70(2) of the Town and Country Planning Act 1990.

9.0 Financial Implications

10. Background

Relevant Planning Policies

Central Government Guidance: National Plann ing Policy Framework; National Planning Practice Guidance;

Core Strategy and Saved Policies: CS1 Strategic Approach CS3 Market Towns and other Key Centres CS5 Countryside and Green Belt CS6 Sustainable Design and Development Principles CS9 Infrastructure Contributions

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CS11 Type and Affordability of Housing CS17 Environmental Networks CS18 Sustainable Water Management

Saved BDC Policies: - S1 Development Boundaries H3 Residential Development in Main Settlements D6 Access and Car Parking

SPD on the Type a nd Affordability of Housing Open Space Interim Planning Guidance adopted in January 2012

Emerging SAMDev Policies: - MD3: Managing housing development S9: Highley area RELEVANT PLANNING HISTORY:

None.

11. Additional Information

View details online: http://planningpa.shropshire.gov.uk/online- applications/simpleSearchResults.do?action=firstPage

List of Background Papers 14/02129/OUT Design and Access Statement Transport Assessment

Cabinet Member (Portfolio Holder) Cllr M. Price Local Member

Cllr Dave Tremellen Appendices None.

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Agenda Item 7

Committee and date

South Planning Committee

10 March 2015

Development Management Report

Responsible Officer: Tim Rogers email: [email protected] Tel: 01743 258773 Fax: 01743 252619

Summary of Application

Application Number: 14/02943/OUT Parish: Ditton Priors

Proposal: Outline application for residential development (up to 16 dwellings) to include access

Site Address: Residential Development Land To The South Of Station Road Ditton Priors Shropshire

Applicant: Mr D Lowe

Case Officer: Richard Fortune email: [email protected]

Grid Ref: 360998 - 289130

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Recommendation:- Grant Permission as a departure, subject to the completion of a Section 106 Agreement relating to affordable housing provision and to the conditions set out in Appendix 1.

REPORT

1.0 THE PROPOSAL

1.1 This application is in outline with all matters except for access (Appearance, Layout, Scale and Landscaping) reserved for later approval. The description of the proposal on the application form sought consent for the erection of up to 20 dwellings. An indicative site lay out plan with the original submission showed the following number and mix of proposed dwellings: - 4 No. 4 bedroom bungalows with separate garages - 2 No. 3 bedroom bungalows with separate garages - 5 No. 3 bedroom detached dwellings with separate garages - 2 No. 3 bedroom terraced dwellings with parking - 2 No. 2 bedroom detached dwellings with garages attached - 1 No. 2 bedroom terraced dwellings with parking

The layout showe d 11 parking spaces to enlarge the car park of the adjacent GP surgery .

1.2. There were aspects of the illustrative site layout in terms of impact upon the character of the area and neighbour amenity which was judged not to be acceptable and called into question whether 20 dwellings could be accommodated on the land in a satisfactory manner. It is necessary to establish the principle of whether the site could accommodate 20 dwellings at the outline stage, based on the applicant’s aspirations as indicated by the illustrative site layout. Following discussions, a revised illustrative site layout has been submitted reducing the number of proposed dwellings to 16 and to the following mix: - 2No. 4 bedroom bungalows with attached garages - 4No. 3 bedroom bungalows with attached garages - 3No. 4 bedroomed houses with attached garages - 1No. 3 bedroomed house with attached garage - 3No. 2 bedroomed houses with attached garages - 2No. 3 bedroomed terraced houses with parking - 1No. 2 bedroomed terraced house with parking

The additional 9 parking spaces for the GP surgery are still shown. Areas of public open space are shown at the northern end of the site around an existing mature tree and at the southern end of the site where an attenuation pond associated with a sustainable urban drainage (SUDS) system could be provided.

1.3 Vehicular access onto Station Road would be from the existing access which

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currently serves the Post Office/Store and the GP Surgery. Alterations to this access would include amending the junction bellmouth and the provision of a footpath on its western si de extending to the public house (Howard Arms).

1.4 A screening opinion has been issued to the effect that an Environmental Impact Assessment is not required for this development proposal, as it is considered the proposal would be unlikely to have significant effects on the environment by virtue of factors such as its nature, size or location.

2.0 SITE LOCATION/DESCRIPTION

2.1 The application site covers an area of some 1.08 ha and is located on Grade 3 agricultural land off Station Road in the village of Ditton Priors, approximately 9 miles south -west of Bridgnorth.

2.2 The site is bounded by a row of bungalows on Prior’s Close to the south -west, a post office and doctor’s surgery to the north -west, ‘Quietways’ a large detached dwelling t o the north-east, a number of semi-detached and detached properties on the opposite side of Station Road to the north and agricultural land to the south and south -east.

2.3 The site lies within the Shropshire Hills Area of Outstanding Natural Beauty (AONB), at the foot of Brown Clee Hill, adjacent to the Ditton Priors Conservation Area . There is an ash tree at the entrance to the site to the north which is the subject of a Tree Preservation Order (TPO). A public footpath crosses the site and the land falls generally in a southerly direction.

3.0 REASON FOR COMMITTEE DETERMINATION OF APPLICATION

3.1 The Parish Council has submitted a view contrary to the Officer recommendation and the Area Planning Manager in consultation with the Chairman agree that the Parish Council has raised material planning issues and that the application should be determined by Committee.

4.0 COMMUNITY REPRESENTATIONS -Consultee Comments 4.1 Ditton Priors Parish Council (21-01-15) – Object: Reiterates its existing comments. Emphasising local concerns about drainage and flooding of the site and neighbouring residents and the fact the highways survey still does not reflect the facts on the ground even with the addendum received on the 15th. It must not only reflect the access to the site shop and doctors surgery it must reflect on what effect the extra traffic the site will generate at the existing premises using the exit and also the junction just a few yards away ie Station Road, South Road, Derrington Road and the one way system past the church. Ie the very centre of the village. It is felt the survey should be site specific. Surveys should be taken at the busy times between 8 -9, 3-4 and 5-6 and then after 6.30 all rush hours.

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Residential Development Land To The South Of South Planning Committee – 10 March 2015 Station Road Ditton Priors Shropshire

The Parish Council would also like to ask for the application to be considered at committee.

Finally if approved the Parish Council would ask for conditions to be added to address the flooding concerns and highway and pedestrian safety in the area of the access junction onto Station Road and the area between there and the junction with South Road etc.

Ditton Priors Parish Council (30-07-14) – Object: -Proposal exceeds previously agreed numbers given in the SAMDev document as well as being what is proposed in the document, i.e. small developments of 5 to 6 properties with green space. -Independent highways assessment must be carried out to take account of use of Station Road by HGVs (going to and from industrial estate); school buses; school drop -offs; traffic in and out of shop, post office and doctors surgery. -Dangerous junction with South Road close to proposed access. -With existing new development and permissions, both commercial and single plot affordable homes in the parish there has already been an increase in traffic using the highways.

4.2 SC Highways Development Control – No Objection in principle:

Submitted Assess Arrangement Plan (Drawing no. DP -AA-300-Rev B) provides details of the proposed access to the development site and demonstrates that a visibility splay of 2.4 metres by 43 metres can be provide in both directions, in accordance with Manual for Streets. It is recommended that details of the proposed construction of the access and proposed footway along Station Road are submitted for approval prior to the commencement of works.

Policy Considerations

The NPPF, at section 4, seeks to promote sustainable transport. At paragraph 32 it

states that decisions should take account of whether safe and suitable access to the site can be achieved for all people and whether:

“- improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.”

Core Strategy policy CS6 seek s to ensure that proposals likely to generate significant levels of traffic be located in accessible locations, where opportunities for walking, cycling and use of public transport can be maximised and the need for car based travel reduced. It seeks to achieve safe development and saved Bridgnorth District Local Plan policy D6 states that development will only be permitted where the local road network and access to the site is capable of safely accommodating the type and scale of traffic likely to be generated. This proposal must be assessed in the context of the above national guidance and Development Plan policies.

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Pedestrian and Cycle Facilities

Although Planning Policy Guidance 13: Transport (PPG13: Transport) is now superseded by the National Policy Pl anning Framework, the distance criteria contained therein still provides good guidance, not least that:

“walking is the most common mode of travel at the local level and offers the greatest potential to replace short car trips, particularly under 2km.”

The proposed development is immediately next to the village shop and post office, and the doctor’s surgery. There is also a public house, church, garage and recreation ground with hall within 150 - 300 metres of the site. The village primary school is some 8 0 metres to the north and the industrial estate and village hall some 300 metres to the east/north east. These distances are within those recognised as being acceptable for walking (2km) and cycling (5km).

It is considered therefore that the site can be considered as being accessible to local services in accordance with planning policy guidance for a rural location of this nature.

Impact on Highway Safety

The inclusion of part of the site as a housing allocation through the preparation of the SAMDev Plan has established that the location is suitable for a development of 12 units without resulting in conditions that would be detrimental to highway safety.

The key assessment from a highways perspective is to determine whether the provision of up to four more dwellings accessing onto Station Road at this location would lead to conditions detrimental to highway safety which cannot be addressed through planning conditions. Shropshire Council as Highway Authority would consider in view of the proposed location of the development within Ditton Priors and access to local amenities, there is no reason to raise a highway objection to the proposed development. Shropshire Council as Highway Authority are satisfied that the local highway network has sufficient capacity to accommodate the traffic likely to be generated by the proposed development.

Reserve Matters Application.

Shropshire Council as Highway Authority raise no objection in principle to the indicative layout provided (Proposed Site Plan – C222.426.01), however would raise concerns with regard to proposed parking for specific plots; it is recommended that any reserve matters application considers the relocation of the parking area at the entrance to the site to reduce the risk of vehicles reversing on to the highway. In addition, the current layout is not designed to adoptable standard however it is considered that minor amendments can be made to ensure that the road is suitable for adoption if put forward for adoption as public highway.

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In view of the above Shropshire Council raise no objection to the proposed development, but would recommend that the following condition is imposed on any permission granted;

E1. New Access

No development shall take place until details of the means of access, including the layout, construction and sightlines have been submitted to and approved by the Local Planning Authority. The agreed details shall be fully implemented before the use hereby approved is commenced.

Reason: To ensure a satisfactory means of access to the highway.

NS01.

Prior to the commencement of the development full engineering details of the proposed footway along Station Road shall be submitted to and approved in writing by the Local Planning Authority. The works shall be fully implemented in accordance with the approved details before any of the dwellings it would serve are first occupied.

Reason: To ensure a satisfactory means of access to the highway.

4.3 SC Conservation (29/07/14) - The site lies outside but adjacent to the Conservation Area. It is appropriate that any new development proposals should aim to protect and enhance the Conservation Area and should look to reflect local context and vernacular details.

4.4 SC Archaeology (07-01-15) – No comments. SC Archaeology (21/07/14) – No comments.

4.5 SC Flood and Water Management (14/07/14) The drainage details, plan and calculations could be conditioned and submitted for approval at the reserved matters stage if outline planning permission were to be granted.

4.6 SC Rights of Way (06-01-15) – Comment: Footpath 27A Ditton Priors runs across the development site and is affected by the proposal. It appears the path is accommodated within the plans and the developer must apply to this department to legally divert the path.

SC Rights of Way (14/07/14) - Comment: Public Footpath Ditton Priors 27A crosses the development site. The path does not have a legally recorded outlet but the existence of the path must be acknowledged. The developer should contact this department to discus s the matter.

4.7 SC Affordable Housing (09/07/14) – Comment: Core Strategy Policy CS11 requires all open market residential development to

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contribute to the provision of affordable housing. If this development is considered to be acceptable then in accordance with the adopted Policy any consent would need to be subject to a Section 106 Agreement requiring an affordable housing contribution. The contribution will need to accord with the requirements of the SPD Type and Affordability of Housing and will be set at the prevailing percentage target rate at the date of a full application or the Reserved Matters application.

4.8 SC Ecology (05-02-15) – No additional ecology comments on this application. SC Ecology (24-09-14) – No Objection: The main impact from the development appears to be on trees and hedgerows. From the Indicative Site Plan I am concerned about the close proximity of development to these features. Churton Ecology (2014) recommend that as much existing hedgerow is retained as possible as potential bat flyways. To do this a suitable root protection area should be established around the hedgerows as well as trees. The conditions recommended by SC Trees will ensure this. Furthermore it is recommended that the landscape scheme includes locally sourced native species and bird boxes are erected.

Churton Ecology (2014) also recommends that lighting is minimised therefore the following condition is recommended:

Conditions

1. Prior to the erection of any external lighting on the site a lighting plan shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and thereafter retained f or the lifetime of the development. The submitted scheme shall be designed to take into account the advice on lighting set out in the Bat Conservation Trust booklet Bats and Lighting in the UK Reason: To minimise disturbance to bats, a European Protected Species.

2. Prior to the first occupation of the dwellings ten artificial nests suitable for small birds such as robin, blackbird, tit species, sparrow and swallow shall be shall be erected on the site. Reason: To ensure the provision of nesting opportunities for wild birds

Informative The active nests of all wild birds are protected under the Wildlife & Countryside Act 1981 (As amended). An active nest is one being built, containing eggs or chicks, or on which fledged chicks are still dependent .

All clearance, conversion and demolition work in association with the approved scheme shall be carried out outside of the bird nesting season which runs from March to September inclusive

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nests then an experienced ecologist should be called in to carry out the check. Only if there are no active nests present should work be allowed to commence.

Informative All species of bats found in the UK are European Protected Species under the Habitats Directive 1992, the Conservation of Species and Habitats Regulations 2010 and the Wildlife & Countryside Act 1981 (as amended).

If a live bat should be discovered on site at any point during the development then work must halt and Natural England should be contacted for advice.

4.9 SC Trees – No Objection: I do not object to the proposed development on arboricultural grounds, providing due care and attention is given to the protection of retained trees and hedgerows during construction, should permission be granted. Notable in this regard is the mature ash tree to the north of the site, which is subject to a Tree Preservation Order. Suitable tree and hedgerow planting should also be included to enhance the scheme and to compensate for any trees and hedges removed to enable the development.

I would therefore recommend attaching the following conditions to any permission granted for this application.

Prior to commencement of development, a Tree Protection Plan shall be submitted to the written satisfaction of the LPA. The Plan shall show the trees and hedgerows to be rem oved and those to be retained, with their Root Protection Areas as described in British Standard 5837: 2012 Trees in Relation to Design, Demolition and Construction. The Plan shall also show the specification and location of measures to be taken to protect retained trees and hedges from damage during implementation of the development.

Reason: to protect retained trees and hedgerows which make a contribution to the character and appearance of the site.

The tree protection measures described in the approved Tree Protection Plan shall be installed prior to commencement of development, to the written satisfaction of the LPA. Thereafter they shall be maintained in a satisfactory condition throughout the duration of the development. There shall be no storage or construction activities within the areas defined by tree protection barriers and the barriers shall not be moved or removed, even temporarily, without the prior written consent of the LPA.

Reason: to protect retained trees and hedgerows which make a contribution to the character and appearance of the site.

Prior to completion of development, a Planting Plan shall be submitted to the written satisfaction of the LPA. The Plan shall provide details of the species, numbers, sizes, locations, means of protection and support and 3 years post- planting maintenance for those trees, shrubs and hedges to be planted in association with the development.

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Reason: to enhance the appearance of the development and contribute towards long -term continuity of tree and hedgerow cover in the area.

The approved Planting Plan shall be implemented in full within the first planting season (November February inclusive) following completion of the development. Any tree, shrub or hedgerow transplant, or replacement tree, shrub or hedgerow transplant that within a period of 3 years from planting becomes diseased, dies or is otherwise lost, shall be replaced with another of similar type and specification, to the written satisfaction of the LPA.

Reason: to ensure the success and viability of the approved landscape planting for the development.

4.10 -Public Comments 3 Objections to re-consultation on revised illustrative site layout: -16 properties still excessive for site and not in keeping with local needs. -Transport Report and addendum of 14 -01-15 do not allay fears fro road safety in Station Road; desk top exercise not taking into account the specific road conditions and dangerous junction with Derrington Road/Station Road. -Visibility poor from their drive and increased traffic will add to dangers. -Details of traffic count carried out Thursday 15 th January 0815 to 0915, totalling 162 traffic movements , 37 pedestrians and 4 horse riders. -Reduction in house numbers will not lessen impact of a possible extra 30-40 cars in and out of development. -If concerns disregarded, would wish to see flexibility in final build development to not impact on view , light and privacy; would not want block of social housing right outside his kitchen window. -Concerns about fl ooding. -Harm appearance of Ditton Priors as a rural Clee village . -Parish identified a small area for development in the building line down from the shop, but is being used by applicant as a base for a much greater expansion into an area not so identified.

I comment on revised illustrative site layout: - Have no objection to some housing development on this site, but before making a decision there should be a site specific highways study. -Highway report with application factually inaccurate and fundamentally flawed. There are more doctors operating from the surgery than stated in the highways report; dispensary with many people collecting regular prescriptions; opening of surgery in Stottesdon will not lead to a reduction in numbers attending Ditton Priors. -Problem is not the exit from the development itself, it is the extra load placed on the adjacent junction, which is tight and poorly sited with no pedestrian pavement..

11 Objections to original consultation:

-Existing village infrastructure in terms of road access requirements, utilities, foul and surface water disposal -No bus service other than school services to the village.

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-Put further stresses on doctors and education facilities.

-Detrimental to highway safety. -Local road network not suitable for additional traffic , which already carries industrial estate and schools traffic. -Access point onto Station Road hazardous. -Roads very narrow with tight corners and additional traffic will add to congestion. -If permitted existing driveway entrance must be re -designed with much improved visibility onto Station Road and constructed substantially to take extra traffic. -Construction traffic must not hinder access to surgery, P.O and shop premises. -Practically every house in village has two cars and this should be taken into account. -NPPF paragraph 32 requires all proposals to provide a safe and suitable access for all people, and paragraph 36 that all developments which generate significant amounts of traffic should be required to provide a Travel Plan. -Need a site specific traffic survey and not one based on generalised extrapolations from previous similar developments. -Footpath extension westwards would push informal pedestrian crossing point closer to junction with Derrington Road/South Road. -Few footpaths in village and increased traffic will add to danger for pedestrians, which include school children and older resi dents attending the health centre.

-Not enhance visitors perception of village within Area of Outstanding Natural Beauty. -Near Conservation Area boundary. -Village being over -developed and urbanised. -Infill housing better absorbed by village . -Layout ex tremely dated, owing more to 1970’s suburban housing estates than the sense of place appropriate to a rural community. -Would be clearly visible from the Brown Clee. -Would be a 10% housing increase on a green field site at heart of a picturesque village. -Developments of this scale should be reserved for towns or edge of towns locations that have infrastructure to support new development.

-Too large for size and needs of village. -No need for extra ‘social housing’ in Ditton Priors, which would be an element of this scheme; last 5 social house in village have been leased to people from other areas.

-Harm residents happiness and well being. -Overlooking; loss of privacy. -Harm security and views from Prior s Close bungalows. -Disturbance and safety con cerns from construction work and traffic. -Change the social and environmental structure of a settled village.

-Immoral to build on green belt farmland with food a priority in the world and alternative brown field sites available.

-Very similar to application made in 2005 for 25 houses and was rejected by the

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Planning Inspector. -Acceptance of application would mean a total of 40 houses, well over the potential sites for 20+ houses identified in the preparation of SAMDev.

-Application details very imprecise.

-Would add to flooding risk at Priors Close as the bungalows are lower than the development.

5.0 THE MAIN ISSUES

Principle of development Affordable Housing Visual impact and character Drainage Highway Safety and Accessibility Residential Amenity Ecology Open Space

6.0 OFFICER APPRAISAL

6.1 Principle of development 6.1.1 The application site falls partly within the Ditton Priors village development boundary shown in the adopted Bridgnorth District Local Plan. The same part of the site that is within the current develop ment boundary is also a housing allocation within the emerging SAMDev Plan (site ref DIT T005) with an indicative capacity of 12 dwelling units. The erection of open market housing on any part of the site would be contrary to current adopted Development Plan housing policies (Affordable housing only being allowed within the village development boundary). Under section 38(6) of the Planning and Compulsory Purchase Act 2004, al l planning applications must be deter mined in accordance with the adopted development plan unless material considerations indicate otherwise. The National Planning Policy Framework, published in March 2012, must be taken into account and is a material cons ideration of significant weight in determining planning applications.

6.1.2 Paragraph 14 of the NPPF states that

“ at the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan -making and decision-taking.”

and that for decision making this means:

‘approving development proposals that accord with the development plan without delay; and where the development plan is absent, silent or relevant policies are out of date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the

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policies in this Framework taken as a whole’

NPPF Paragraph 49 states that relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five -year supply of deliverable housing sites. The council published a revised 5 year land supply statement in August 2014 which demonstrates that the Council now has a 5 year l and supply.

6.1.3 However policies may be considered out of date and of limited weight for other reasons (e.g. age of a saved local plan policy and consequent inconsistency with NPPF policies) therefore simply having a 5 year land supply does not mean fu ll weight can be given to saved housing policies or emerging SAMDev policies (the weight to these policies also being dependent on the extent of unresolved objections and degree of consistency with the NPPF).

6.1.4 The SAMDev Plan has been submitted to the Secretary of State for its examination and it is considered to be at an advanced stage of preparation. However, the Inspector’s report on the Plan has not been received at the time of writing this report and there are unresolved objections to elements o f it (e.g. sites contributing to the housing supply), so the weight that can be attached has to be considered with care alongside the other material considerations and having regard to the specific circumstances of a particular planning application. The age of the Bridgnorth District Local plan needs to be taken into account in terms of the restriction to affordable housing only within the current development boundary.

6.1.5 There is also a strong likelihood of continuing under delivery against the county- wide Core Strategy target for another few years, meaning that the overall requirement at each update would be higher, even though the number of sites available will be increasing. Consequently, in the balance of considerations the more acceptable su stainable and suitable sites that are permitted the impact of under -delivery is offset to a greater degree.

6.1.6 The NPPF aim of boosting significantly the supply of housing is therefore a significant material consideration and “ housing applications sho uld be considered in the context of the presumption in favour of sustainable development ” (NPPF paragraph 49). The fact of having a five year land supply can never be a reason in itself for refusing a planning application; it simply affects what other pol icy considerations are applied . The NPPF ‘presumption in favour of sustainable development’ still prevails and the need to boost the housing supply (a government priority) is still the most significant material consideration when determining planning applications for housing. The key factor in determining this proposal is therefore assessing whether the proposal would represent sustainable development and whether there would be any significant impact or harm as a result of the proposed development area bei ng larger than the SAMDev Plan allocation that would outweigh the benefits.

6.1.7 The NPPF states that sustainability is ‘about positive growth – making economic, environmental and social progress for this and future generations’. In paragraph 7 of the NPPF it states that these three dimensions give rise to the need for the planning system to perform a number of roles:

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• an environmental role - contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.

6.1.8 Economic role – The proposal will help boost the supply of housing in Shropshire and will provide employment for the construction phase of the development supporting builders and building suppliers. The provision of additional houses will also support local businesses as future occupiers will access and use local services and facilities within Ditton Priors. The provision of more homes will create a stimulus to the economy and address the housing shortage. The proposal will also be liable to a CIL payment which will help provide financial contributions towards infrastructure and opportunities identified in the Place Plan.

6.1.9 Social role – The proposal will help boost the supply of open market housing and will provide affordable housing at the prevail ing rate at the time of the reserved matters application. The provision of additional housing will help support and maintain existing facilities and services and will benefit both the existing and future residents and help meet the needs of present and fu ture generations

6.1.10 Environmental role – The site is agricultural land within the AONB but with no specific heritage, cultural or ecological designation. The application site has been assessed for its heritage, cultural and ecological value by the C ouncil’s Historic Environment, Ecology and Tree officers and these matters are considered in greater detail below. In principle it has been determined that the proposal would have no significant adverse impacts on these values. In addition the proposal is accessible on foot or by cycle to the services, facilities and employment opportunities in the village and any journeys by private car to access these facilities would be short.

6.1.11 It is considered that the proposed development is therefore sustainable having regard to the three dimensions of sustainable development , and that the development of this site partly outside the proposed development boundary identified within the Draft SAMDev is acceptable in principle to help boost housing supply numbers , subject to a satisfactory scale and design, and should be supported provided there are no adverse impacts that would outweigh the benefits. This balance is considered under the matters set out below. The application has

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been advertised as a departure from the Development Plan.

6.2 Affordable Housing 6.2.1 Core Strategy policy CS9 (Infrastructure Contributions) highlights the importance of affordable housing as ‘infrastructure’ and indicates the priority to be attached to contributions towards provision from all residential development. With regard to provision linked to open market housing development, Core Strategy policy CS11 (Type and Affordability of Housing) sets out an approach that is realistic, with regard to economic viability, but flexible to variations between sites and changes in market conditions over the plan period. The agent has advised that the proposal will deliver affordable housing at the prevailing rate to comply with Core Strategy policy CS11 and the associated Typ e and Affordability of Housing SPD. The delivery of the affordable housing contribution would be secured through a section 106 Agreement, with the amount being determined at the reserved matters stage in the event of outline planning permission being granted.

6.3 Visual impact and character 6.3.1 Core Strategy policy CS6 seeks to ensure that all development is appropriate in scale, density, pattern and design taking into account the local context and character. Policy CS17 also seeks to protect and enhance the diversity, high quality and local character of Shropshire’s natural, built and historic environment. All matters other than the access onto Station Road are reserved for later approval in this case and it would be in these submissions, in the event of outline planning permission being given, that detailed design issues would be assessed. However, in terms of landscape impact it is considered that development of the form indicated in the supporting do cuments and revised illustrative site plan for up to 16 dwellings would not detract from the landscape setting of the village.

The allocated site in the SAMDev Final Plan submitted for examination (ref DITT005) has an area of some 0.45ha in comparison to the current site of some 1. 08ha. A provision of 12 units is indicated, with the Development Guidelines stating “Development to be small scale and in keeping with the surrounding village character.” The provision of a sensitive development of 12 units on the allocation, along with an access road, parking and turning facilities, and providing space around the protected tree, in a manner in keeping with the surrounding village character would be challenging to achieve. The immediate site surroundings comprise of detached dwellings in spacious plots to the east, dwellings set back from the road to the north, the surgery building and shop to the north west set within their parking areas with The Howard Arms public house beyond them, and the small bungalows of Priory Close to the west along with older, roadside properties. The heights of the immediately surrounding buildings are also relatively low, with the land form falling away in a southerly direction. It is consider ed that the larger site proposed in this application for a development containing up to four more units, which would equate to a site density of some 17 dwellings per hectare, would achieve a spaciousness in built form and allow for the inclusion of bungal ows which have a larger foot print , to keep ridge heights on some units low whilst still maintaining traditional forms of building in keeping with the AONB and Conservation Area setting , allow for the provision of open space and sustainable drainage works within the site and avoiding overbearing impacts on neighbouring properties.

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6.3.2 It should be noted that the Council’s Historic Environment Team have raised no objections to the principle of development on this site as no heritage assets would be harmed. On balance it is considered that the benefits of the larger site, outlined in paragraph 6.3.1 above , are sufficient in this case to justify an approval as a Departure from the Development Plan.

6.4 Drainage 6.4.1 The site is situated within Environment Agency Flood Zone 1, which is the least flood prone area to which the objective of the NPPF and the associated Technical Guidance sequential test is to direct new development. Core Strategy policy CS18 relates to sustainable water management and seeks to ensure that surface water will be managed in a sustainable and coordinated way, with the aim to achieve a reduction in existing runoff rate and not to result in an increase in runoff. A Flood Risk Assessment, which includes a drainage strategy, accompanies the planning application. In summary, it advises new drainage would be to separate systems with foul sewage being connected to the existing foul water sewer located in the applicant’s land to the south of the development . Surface water would be limited in terms of flow rate to the existing greenfield rate, and would incorporate an attenuation pond , and oversized pipes or tanks within the highway areas, discharging to a watercourse to the south of the site. The Council’s Flood and Water Managem ent Team have advised that details of the proposed drainage can be conditioned and submitted for approval at the reserved matters stage in the event of outline planning permission being given. They do not envisage any unresolvable technical issues to achieving satisfactory drainage here for the number of residential units proposed. The possibilities for installing sustainable urban drainage measures would be explored through the details submitted to meet the drainage condition.

6.5 Highway Safety and Accessibility 6.5.1 The NPPF, at section 4, seeks to promote sustainable transport. At paragraph 32 it states that decisions should take account of whether safe and suitable access to the site can be achieved for all people and whether:

Core Strategy policy CS6 seeks to ensure that proposals likely to generate significant levels of traffic be located in accessible locations, where opportunities for walking, cycling and use of public transport can be maximised and the need for car based travel reduced. It seeks to achieve safe development and saved Bridgnorth District Local Plan policy D6 states that development will only be permitted where the local road network and access to the site is capable of safely accommodating the type and scale of traffic likely to be generated. This proposal must be assessed in the context of the above national guidance and Development Plan policies.

6.5.2 The inclusion of part of the site as a housing allocation through the preparation of the SAMDev Plan has established that the location is suitable for a development of

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12 units without resulting in conditions that would be detrimental to highway safety (The site would not have been included within the Final Plan were it to result in highway safety concerns which could not be addressed through planning conditions). The key highway issue with the current proposal is whether the provision of up to four more dwellings accessing onto Station Road at this location would lead to conditions detrimental to highway safety which cannot be addressed through planning conditions. The Council’s Highways Development Control Team is content that the local highway network has sufficient capacity to accommodate the traffic likely to be generated. They have taken into account the times when the traffic survey was carried out in coming to this conclusion. They consider also that the form and layout of the proposed access into the site would be acceptable. Their assessment, set out at 4.2 above, has taken into account the school, industrial estate and other facilities/services accessed off Station Road. The provision of the access improvements, footpath and visibility splays would be secured through condition s on any approval issued.

6.5.3 With regard to the accessibility of the site for other modes of travel, the site is immediately next to the village shop and post office, and the doctors surgery. There is also a public house, church, garage and recreation ground with hall within 150 - 300 metres of the site. The village primary school is some 80 metres to the north and the industrial estate and village hall some 300 metres to the east/north east . These distances are within those recognised as being acceptable for walking (2km) and cycling (5km) in experience from good practice in Travel Planning. It is considered therefore that the site can be considered as being accessible to local services in accordance with planning policy guidance for a rural location of this nature.

6.6 Residential Amenity 6.6.1 Core Strategy policy CS6 seeks to safeguard residential and local amenity. It would be at the reserved matters stage following any grant of outline planning permission, when details of the layout, scale and appearance of the development are available, that the impact of the proposed development upon the residential amenities of existing properties in the vicinity can be fully considered and to ensure that no undue harm would arise. The positioning of the existing dwellings a long Station Road and Priors Close, close to the western and eastern site boundaries respectively, are factors that would be taken into account at the detailed planning stage and would not be a reason to refuse the principle of residential development.

6.6.2 It is almost inevitable that building works anywhere will cause some disturbance to adjoining residents. This issue has been addressed elsewhere through SC Public Protection recommending hours of working (07.30 to 18.00 hours Monday to Friday; 08.00 to 13.00 hou rs Saturdays and not on Sundays, Bank or Public Holidays); to mitigate the temporary impact. This matter could be conditioned on any approval issued , along with the requirement for a construction traffic management plan . The noise from vehicle movements and other activities associated with the dwellings after completion would not impact upon the amenity of the area to an extent that would justify a refusal of planning permission.

6.7 Ecology 6.7.1 Core Strategy policies CS6 and CS17 seek to ensure that developments do not

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have an adverse impact upon ecology. An Ecological Assessment has been submitted with the application. This assessment concludes that there are no statutory sites within 1km of the site, although there is one County Wildlife site some 500m to the west designated for its ’wet grassland and adjacent hay meadow.’ The current ecological interest on or near the site is the linear featur es (hedgerows and trees) that may be used by commuting and foraging bats and scrubland birds. The recommendations are to keep hedgerow removal to a minimum; any hedgerow or scrub clearance to be carried out outside the bird nesting season; measures to avoid root damage to hedgerows and trees and that peripheral lighting should be minimised. The provision of additional habitat in the landscaping scheme and bird and bat roost features is recommended. The Council’s Planning Ecologist has raised no objections t o the proposal and is content that ecological interests can be safeguarded on any planning permission issued by conditions requiring the approval of any external lighting. The precise details of the landscaping and the protection of Environmental Networks would be assessed at the reserved matters stage to address both biodiversity and visual amenity issues. The informatives relating to bats, badgers and nesting birds would be attached to any permission issued.

6.8 Open Space 6.8.1 The precise form of the open space would be a matter for consideration at the reserved matters stage, should outline planning permission be given, and regard would be paid to the Council’s Open Space Interim Planning Guidance adopted in January 2012. The equipping of open spaces with formal play equipment would have to be through the use of Community Infrastructure (CIL) receipts.

7.0 CONCLUSION 7.1 At the heart of the NPPF is a presumption in favour of sustainable development. The proposal would involve the development of up to 16 dwellings close to the centre of Ditton Priors. Open market residential development on the site, part of which falls outside the development boundary is not in accordance with the current Development P lan (Core Strategy and Bridgnorth District Local Plan) , but part of the site is an allocated housing site with an indicative capacity of 12 dwellings in the emerging SAMDev Plan. Although the SAMDev Plan has reached the Examination stage it has to be treated with caution as there are unresolved objections and the five year supply of housing land is disputed. In line with the presumption in favour of sustainable development set out in the NPPF, SAMDev policy MD3 acknowledges that subject to meeting specifi c criteria, sustainable housing development should be granted permission in addition to sites allocated in SAMDev.

7.2 The test to apply is whether there are benefits to outweigh any adverse impacts of the proposal. These issues should be considered in the context of the three dimensions of sustainable development set out in the NPPF.

7.3 The site is in a sustainable location in relation to Ditton Priors village where a range of se rvices are available . The principle of residential development would accord with the environmental, social and economic dimensions of sustainable development set out in the NPPF. The balance is considered to weigh heavily in favour of granting planning permission, due to the lower density of development

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which the proposal could achieve in comparison to the SAMDev Plan allocation, that would better respect the character and setting of the Conservation Area in this AONB location. The details of the access arr angements, drainage , safeguarding ecological interests , neighbour amenity during construction and tree protection would be subject to appropriate conditions and the legal agreement would ensure the scheme delivers the appropriate amount of affordable housing. Other matters would be fully assessed in relation to the development scheme submitted at the reserved matters stage.

8.0 Risk Assessment and Opportunities Appraisal

8.1 Risk Management

There are two principal risks associated with this recommendation as follows:

As with any planning decision the applicant has a right of appeal if they disagree with the decision and/or the imposition of conditions. Costs can be awarded irrespective of the mechanism for hearing the appeal, i.e. written representations, hearing or inquiry. The decision may be challenged by way of a Judicial Review by a third party. The courts become involved when there is a misinterpretation or misapplication of policy or some breach of the rules of procedure or t he principles of natural justice. However their role is to review the way the authorities reach decisions, rather than to make a decision on the planning issues themselves, although they will interfere where the decision is so unreasonable as to be irratio nal or perverse. Therefore they are concerned with the legality of the decision, not its planning merits. A challenge by way of Judicial Review must be made a) promptly and b) in any event not later than three months after the grounds to make the claim first arose.

8.2 Human Rights

First Protocol Article 1 requires that the desires of landowners must be balanced against the impact on residents.

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

8.3 Equalities

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The concern of planning law is to regulate the use of land in the interests of the public at large, rather than those of any particular group. Equality will be one of a number of ‘relevant considerations’ that need to be weighed in Plann ing Committee members’ minds under section 70(2) of the Town and Country Planning Act 1990.

9.0 FINANCIAL IMPLICATIONS

There are likely financial implications if the decision and / or imposition of conditions is challenged by a planning appeal or judicial review. The costs of defending any decision will be met by the authority and will vary dependent on the scale and nature of the proposal. Local financial considerations are capable of being taken into account wh en determining this planning application – insofar as they are material to the application. The weight given to this issue is a matter for the decision maker.

10. Background

Relevant Planning Policies

Central Government Guidance: National Planning Policy Framework National Planning Practice Guidance

Shropshire Core Strategy and saved Local Plan policies: CS4 Community Hubs and Clusters CS6 Sustainable Design and Development Principles CS9 Infrastructure Contributions CS11Type and Affordability of Housing CS17 Environmental Networks CS18 Sustainable Water Management H4 Residential Developmernt in Smaller Settlements D6 Access and Car Parking

SPD on the Type and Affordability of Housing. Open Space IPG

11. Additional Information

View details online: http://planningpa.shropshire.gov.uk/online- applications/simpleSearchResults.do?action=firstPage

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List of Background Papers (This MUST be completed for all reports, but does not include items containing exempt or confidential information) Design and Access Statement Highways Statement Ecological Appraisal Flood Risk Assessment and Drainage Report

Cabinet Member (Portfolio Holder) Cllr M. Price Local Member

Cllr Robert Tindall Appendices APPENDIX 1 - Conditions

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APPENDIX 1

Conditions

STANDARD CONDITION(S)

1. Approval of the details of the siting, design and external appearance of the development and the landscaping of the site (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 4 of the Development Management Procedure Order 2010 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. Prior to the erection of any external lighting on the site a lighting plan shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and thereafter retained for the lifetime of the development. The submitted scheme shall be designed to take into account the advice on lighting set out in the Bat Conservation Trust booklet Bats and Lighting in the UK

Reason: To minimise disturbance to bats, a European Protected Species.

5. Prior to the first occupation of the dwellings ten artificial nests suitable for small birds such as robin, blackbird, tit species, sparrow and swallow shall be shall be erected on the site.

Reason: To ensure the provision of nesting opportunities for wild birds

6. No development shall take place until a scheme of foul drainage, and surface water drainage has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed before the development is occupied.

Reason: To ensure satisfactory drainage of the site and to avoid flooding.

7. Prior to commencement of development, a Tree Protection Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall show the trees

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and hedgerows to be removed and those to be retained, with their Root Protection Areas as described in British Standard 5837: 2012 Trees in Relation to Design, Demolition and Construction. The Plan shall also show the specification and location of measures to be taken to protect retained trees and hedges from damage during implementation of the development.

Reason: to protect retained trees and hedgerows which make a contribution to the character and appearance of the site.

8. The tree protection measures described in the approved Tree Protection Plan shall be installed prior to commencement of development. Thereafter the measures shall be maintained in place throughout the duration of the development. There shall be no storage or construction activities within the areas defined by tree protection barriers and the barriers shall not be moved or removed, even temporarily, without the prior written consent of the Local Planning Authority.

Reason: to protect retained trees and hedgerows which make a contribution to the character and appearance of the site.

9. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction vii. a scheme for recycling/disposing of waste resulting from demolition and construction works viii the routing of construction traffc on the local highway network

Reason: To avoid congestion in the surrounding area and to protect the amenities of the area.

10. Demolition or construction works shall not take place outside the hours of 07.30 to 18.00 Monday to Friday; 08.00 to 13.00 Saturdays and at no time on Sundays, Bank or Public Holidays.

Reason: To safeguard the amenities of the residential area and locality.

11. The application(s) for reserved matters relating to the layout of the development shall specify the location of the proposed affordable housing units (Provision being made in accordance with the associated Section 106 Agreement). No works shall commence

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until the location of affordable housing has been approved in writing by the Local Planning Authority.

Reason: To ensure the provision of affordable housing, in accordance with Development Plan housing policy.

12. A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved in writing by the local planning authority prior to the occupation of the development for its permitted use. The landscape management plan shall be carried out as approved.

Reason: In the interests of the visual amenities of the area and to ensure the maintenance of open space areas in perpetuity.

13. Prior to the commencement of development, full engineering details of the layout, construction and sight lines of the altered access onto the public highway shall be submitted to and approved in writing by the local planning authority. The works shall be fully implemented in accordance with the approved details before any dwelling is first occupied.

Reason: In the interests of highway safety.

14. Prior to the commencement of the development full engineering details of the proposed footway along Station Road shall be submitted to and approved in writing by the Local Planning Authority. The works shall be fully implemented in accordance with the approved details before any of the dwellings it would serve are first occupied.

Reason: To ensure a satisfactory means of access to the highway and in the interests of pedestrian safety.

Informatives

1. In arriving at this decision the Council has used its best endeavours to work with the applicant in a positive and proactive manner to secure an appropriate outcome as required in the National Planning Policy Framework, paragraph 187.

2. The land and premises referred to in this planning permission are the subject of an Agreement under Section 106 of the Town and Country Planning Act 1990.

3. The active nests of all wild birds are protected under the Wildlife & Countryside Act 1981 (As amended). An active nest is one being built, containing eggs or chicks, or on which fledged chicks are still dependent.

All clearance, conversion and demolition work in association with the approved scheme shall be carried out outside of the bird nesting season which runs from March to September inclusive

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Note: If it is necessary for work to commence in the nesting season then a pre- commencement inspection of the vegetation and buildings for active bird nests should be carried out. If vegetation cannot be clearly seen to be clear of bird's nests then an experienced ecologist should be called in to carry out the check. Only if there are no active nests present should work be allowed to commence.

4. All species of bats found in the UK are European Protected Species under the Habitats Directive 1992, the Conservation of Species and Habitats Regulations 2010 and the Wildlife & Countryside Act 1981 (as amended).

If a live bat should be discovered on site at any point during the development then work must halt and Natural England should be contacted for advice.

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Agenda Item 8

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Page 138 3$% " 2 M! 0 12" 1(% 8 & ,&& B 1 " " % 1 2 0 1 8 %( " #1 2 "" # + % " " %(% # ( " : * : * # % 1"" 1% & ,& 9%%# C ,&& 1" 1-F% # "% %%# Q %R " 1# # 8"( % ( " &B "( )" ) ( " 2 1" 1 1"9%%# 1%C "" 28 ( # 12#% + # ( #8 ) (" " & ( "" 8 (%%# "( " 18 1 " 1 1" 9%%# 1 % C >& (1%%%# # 8 # ,9 28 # ( (% " " # & ,& H " ,&& 1" 1,) ( " """ 2 12" ) + & 1 )" ( 12 G 1 % " R 2 # ( & 9 " (% ""( 8 # # 2 ( % " " # (2 8 #&C8(2 % " " ( " %% "" 8 % " % 8& " ( 8 (% %+ "" % 2 8 8 " ""& ! % " 8) # % # "" 8)# (#1 1 " " & ,&& 1%( " 8 8 8 8 8%%% % 8 #%)" 8 % ( " ( 1& ,& > ,&& 1" 1 # 8 ) %88 # # 812 8 ( + %% %%& * O8 " % 8 8 ( " # "% ( # * O & "1 "" "" ( " 8 #

Page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