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APPEAL BY MR & MRS BARBER. LAND ADJACENT 72 STUBBY LANE, DRAYCOTT IN THE CLAY, STAFFORDSHIRE APPEAL STATEMENT LPA Ref: P/2017/01569 PINS Ref: December 2018 APPEAL STATEMENT Contents 1. Introduction and Background 2. Site Description and Surroundings 3. Relevant Planning History 4. Planning Policy 5. Appeal Proposal 6. The Case on Behalf of the Appellant 7. Conclusions Appendices 1. Copy of Decision Notice P/2017/01569 2. Site Location Plan. 3. Copy of Appeal Decision APP/B3410/W/16/3148540 – The Lont, Stubby Lane. 4. Copy of Appeal Decision APP/E3715/W/18/3203800 – Land at Church Rd, Grandborough. 5. Extracts from the East Staffordshire Local Plan (2011-2031) 6. Speed Survey – Edwards & Edwards 7. Amended Access Design (including sight lines determined by Speed Survey) 1. INTRODUCTION AND BACKGROUND This appeal Statement has been prepared following the refusal of a planning application which was submitted on 2nd January 2018 and sought planning permission for the following description of development: ‘OUTLINE APPLICATION FOR UP TO 9 DWELLINGS INCLUDING DETAILS OF ACCESS at 72 STUBBY LANE, DRAYCOTT IN THE CLAY, STAFFORDSHIRE, DE6 5BU’. The application sought outline planning permission for up to 9 dwellings on the site in the following format: • Plots 1 to 4 – 4 no. two-storey Semi-Detached cottages (3-bed) • Plot 5 – 1 no. two-storey Detached House (5-bed) • Plot 6 to 7 - 2 no. two-storey detached Houses (4-bed) • Plots 8 to 9 – 2 no. Bungalows (2-bed), The application submission was in outline form only with all matters reserved apart from access. The planning application was accompanied by the following: - Site Location Plan - Site Survey - Indicative Site Layout, provided to demonstrate that up to 9 dwellings can adequately sited on this land. The application was refused planning permission on 21st June 2018 for the following reasons:- 1 The proposed development is outside of any settlement boundary, as defined in the Local Plan and its policies map, and is, therefore, in the countryside. Policy SP8 of the East Staffordshire Local Plan precludes residential development in the countryside unless certain tests are sufficiently met. In this instance none of the criteria have been met in Policy SP8 so the application is considered to be inappropriate and unacceptable. 2 The East Staffordshire Local Plan plans for strategic growth of the Borough through the provision of allocated housing sites and a hierarchy of settlements in which developments would be suitable and acceptable. The location proposed for development is not identified as a location for housing development in the East Staffordshire Local Plan under Policies SP2, SP4 and SP8. Whilst a Housing Needs Survey has been submitted it was not conducted in accordance with the methodology of the Housing Choice SPD and as such is not an accurate marker of the actual housing need in the area. In respect of this it is considered that the granting of permission would be contrary to Policies SP2, SP4 and SP8 of the Local Plan as well as the Housing Choice SPD. 3 The submitted application fails to provide adequate information to demonstrate that an adequate visibility splay at the site access / Stubby Lane can be achieved and that forward visibility is sufficient for vehicles turning right into the development site contrary to Policies SP1 and SP35 of the East Staffordshire Local Plan and Paragraphs 17 and 32 of the NPPF in terms of sustainable and safe highway use. 4 The proposed development fails to demonstrate a safe and practical pedestrian route to the settlements and amenities in Marchington and Draycott-in-the-Clay thereby leading to an increased likelihood of pedestrian / vehicle conflict contrary to East Staffordshire Local Plan Policies SP1 and SP35 and Paragraphs 17 and 32 of the NPPF. 5 The proposed development fails to demonstrate that sustainable travel is viable and this will result in the likelihood that future residents would be unduly reliant on the private car for transport contrary to Policies SP1 and SP35 of the East Staffordshire Local Plan and Paragraphs 17 and 32 of the NPPF in terms of sustainable and safe highway use. 6 The application is not accompanied by any Ecological Appraisal so the impacts of the proposals on protected species is unknown. As per the ODPM Circular 06/2005 & Defra Circular 01/2005 Biodiversity and Geological Conservation - Statutory Obligations and their Impact within the Planning System where there is reasonable risk to protected species the risk needs to be fully assessed prior to the determination of any application. In this instance there is a reasonable likelihood of protected species on the site including reptiles, great crested newts, breeding birds and bats with potential foraging sites for bats and badgers, therefore the application cannot be granted until this information is suitably presented and would fail against the aforementioned Circulars and East Staffordshire Local Plan Policy SP29 and the NPPF. A copy of the decision notice has been included as Appendix 1. (please note: references to the NPPF are interpreted as being from the NPPF 2012 now replaced with the NPPF 2018 which are referred to in this appeal statement) ) The purpose of this Statement is to review the prevailing planning policies and other material considerations that are relevant to the determination of the appeal, and to present a case for overturning the reasons for refusal. This Statement should be read in conjunction with the Planning, Design and Access Statement and details submitted with the planning application. Since the decision was made by East Staffordshire BC, the appellant has commissioned a speed survey by Edwards and Edwards Ltd to address Reason for Refusal 3. The results have been submitted to Staffordshire CC Highway Department for comment, but to date no response has been received. The results of the speed survey have been interpreted and an amendment to the access design is proposed, which demonstrates that a safe access design can be achieved. The highway access design can either reverts back to that originally proposed, as suitable forward visibility can be achieved without the need for a right turning lane, or, if a right turning lane is still deemed necessary by Staffordshire CC Highways then there is sufficient land available for its provision. 2. SITE DESCRIPTION AND SURROUNDINGS The appeal site comprises of an area of enclosed paddock land which lies immediately to the west of a detached dwelling – No. 72 Stubby Lane. It comprises land sloping gently from north to south and is maintained as open grassland. The northern and western boundaries are formed by mature hedgerows. Post and rail fences form the southern boundary to Stubby Lane and to the side (eastern) boundary with No. 72. There is a dried out pond in a depression in part of the northern hedgerow. A number of detached cottages lie adjacent to and on the opposite side of Stubby Lane from the site, with a larger estate of houses (Deep Cut Road) located immediately to the west of he site. The area has some important large employment facilities nearby, including the Kuhn & Nagel Distribution Depot 350m to the east and Marchington Industrial estate 1.15km to the west Stubby Lane itself is a classified road (B 5017). It links the centre of Draycott in the Clay with Marchington and Uttoxeter in one direction, and Burton-on-Trent in the other. The site measures a total of 0.35ha (0.86 acres). A plan showing the site location and its immediate surroundings, is set out in Appendix 2. 3. RELEVANT PLANNING HISTORY The site itself has no previous planning history. Other Relevant Decisions. P/2015/01585 The development proposed was described as “change of use of land to accommodate up to 8 residential dwellings, associated garaging and access”. The Lont, Stubby Lane, Draycott in the Clay, Staffordshire, DE6 5BU This application site relates to an area of land on the north side of Stubby Lane some 175m to the south east of the appeal site. The application was registered in December 2015 but subsequently refused in February 2016 on the following grounds: 1. The proposed development is in the countryside and no justification has been provided to demonstrate how the development constitutes acceptable development outside settlement boundaries and as such does not accord with Local Plan Policy SP8 which seek to define which uses are appropriate in the countryside. Thus, the proposal is contrary to the provisions of policies SP8 of the Local Plan. 2. The location is not identified as a location for housing development in the Local Plan. The granting of permission would be contrary to SP2 and SP4 of the Local Plan. 3. No affordable housing provision nor justification of viability is provided and as such the proposal is contrary to Policy SP17 of the Local Plan. 4. The proposed development would exacerbate the risk of pedestrian/vehicle conflict by reason of the lack of adoptable pedestrian connectivity to the settlement of Draycott in the Clay leading to an increase in the likelihood of danger to highway users. The proposal is contrary to the Local Plan Policy SP35 and also Paragraph 17 and Section 4 of the NPPF. 5. The proposed development fails to adequately demonstrate that sustainable travel can be achieved and this will result in the likelihood that future residents would be reliant on the private car for transport. The proposal is contrary to the Local Plan Policy SP35 and also Paragraph 17 and Section 4 of the NPPF. That decision was subsequently the subject of an appeal ref: APP/B3410/W/16/3148540 which was allowed the proposal subject to conditions. A copy of that appeal decision is attached at Appendix 3 4.

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