Development Management Report

Committee and date Item

North Planning Committee

16 5th March 2013 Public

Responsible Officer: Stuart Thomas email: stuart.thomas@shropshire.gov.uk Tel: 01743 252665 Fax: 01743 252619

Summary of Application

Application Number: 12/05146/FUL Parish : Stanton Upon Hine Heath

Proposal : Change of use of agricultural land for the siting of six eco lodges for tourist use with associated car parking and landscaping; alterations to existing vehicular access

Site Address : Land East Of Rock Farm Barns Stanton Upon Hine Heath Shropshire

Applicant : Mr M O'Keeffe

Case Officer : Andrew Gittins email : [email protected] Grid Ref: 357229 - 324055

North Planning Committee – 5th March 2013

Recommendation:- Grant Permission subject to the conditions set out in Appendix 1.

Recommended Reason for Approval

The site is closely related to the Local Service Village of Stanton Upon Hine Heath which has some facilities. The location of the site would not place an unacceptable burden on the local road network and the development of six eco-lodges is of a scale appropriate to the location. The site is unobtrusive, well screened by established boundary hedges and a small wooded area and the proposed landscaping is considered to be of a high quality. The scheme proposed adequate sewage and surface water drainage facilities, and is not within a high risk flood area. The applicant has demonstrated through the submission of an economic impact assessment that the development will benefit the local economy and employment opportunities. Accordingly the proposal is considered to comply with:

- Saved North Shropshire District Council Policy T10, and - Shropshire Core Strategy Policies CS5, CS6, CS16, CS17 and CS18.

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.

REPORT

1.0 THE PROPOSAL

1.1 The scheme proposed includes the erection of six holiday lodges on land comprising approximately 4 acres, adjacent to Rock Farm Barns, each being approximately 60 sq metres in size. Access drives within the site are to be formed using a modular lattice pattern pavor through which grass can grow known as grasscrete.

2.0 SITE LOCATION/DESCRIPTION

2.1 The proposed site is located to the east of the village of Stanton Upon Hine Heath and is defined as being in countryside in the North Shropshire Local Plan. Stanton Upon Hine Heath the village nearby is defined as a local service village with only a few facilities available. Stanton is located approximately 2.7 miles from the Main Service Village of Shawbury, 11 miles from the Market Town of Market Drayton and 10 miles from the County Town of Shrewsbury. Whilst the traditional barns adjacent to the site have been converted into dwellings, Rock Farm is an active agricultural unit with more modern buildings located to the south east of the proposed site. The majority of the site is currently agricultural grazing land with a small wooded area to the south. The boundaries to the land are in the main identified by mature hedgerows particularly along the boundary with the adjoining highway.

3.0 REASON FOR COMMITTEE DETERMINATION OF APPLICATION

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3.1 The application is presented to Committee as Stanton Upon Hine Heath Parish Council has a view contrary to Officers recommendation for approval. These contrary views cannot reasonably be overcome by negotiation or the imposition of planning conditions; and the Principal Planning Officer in consultation with the committee chairman Local Member agrees that the Parish Council has raised material planning issues and that the application should be determined by committee.

4.0 Community Representations 4.1 Consultee Comments 4.1.1 Stanton Upon Hine Heath Parish Council: Object on the following grounds:

The site is outside the village development boundaries, Stanton being a very rural village in a farming area and such a development would be a total encroachment of the area.

- There would be no positive advantage to the village, holiday units have no benefit to the village, would not support the introduction of a village shop, the site has no view and could easily be derelict in a few years.

- Would not be in local ownership and it is very difficult to see how sustainable this project will be. If left for long periods will attract break ins and thefts which is not what the village wants.

- There is no local infrastructure of public transport to support them which inevitably means more cars on the roads surrounding the village counter to planning policy.

- Serious concerns over traffic issues, access would be from a very narrow single track road, extensively used by pedestrians and horse riders, near a dangerous blind bend and road verges are already being eroded by overlarge farm vehicles passing through this area.

- There is also concern over helicopters which fly very close to Stanton and directly over this area at very low level on their final approach to RAF Shawbury which is the busiest Military airfield in the UK training all helicopter pilots and crewmen for all 3 services. If these ECO lodges are built RAF Shawbury would not be able to counter the obvious noise complaints that will result from the continued essential flying at the airfield.

- If approved would establish a precedent not only in this parish but others in Shropshire.

- Not in line with future development outlined in Parish Plan.

4.1.2 Shropshire Council Drainage: Whilst the use of a biodisc system is acceptable, the sizing of the proposed package treatment plant should be submitted for approval using the FDA1 Form. British Water 'Flows and Loads: 3' should be used to determine the number of persons for the proposed development. Design and installation should be in accordance with the Building Regulations H2 paragraphs 1.54 to 1.57.Regarding the surface water drainage, confirmation is required that the existing ponds have the capacity to accommodate flow from the new impermeable

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development and also what type of control will be installed to prevent an increase in flow from the pond to the watercourses, for storm events up to 1 in 100 year + 30%. These details can be conditioned for approval (email 01.02.2013).

4.1.3 Shropshire Council Ecology: There is a confirmed presence of Great Crested Newts (max count 4) and smooth newts (max count 12) in the large pond within 50m of the proposed development site within the Extended Phase 1 Habitat Survey and Protected Species Mitigation Report by Darwin Ecology (January 2013 Revision C). The population of Great Crested Newts has been characterised as ‘small’ based on 4 visits rather than the standard 6 but due to the very small scale of the works and the newness of the pond (it was stocked with fish up until 2 years ago) I am satisfied that the conclusions of the survey are adequate.

Darwin Ecology (2013) have assessed the permanent habitat loss on the site 17.2m² using the Natural England Rapid Risk Assessment toolkit and the toolkit gives the result Green: Offence highly Unlikely. A slightly larger area will be temporarily impacted by the installation of the pathways etc but these will be formed from a plastic cellular confinement system which will be installed in the hibernation period when newts are very unlikely to be present in the low value grassland or moving across it and which will not form a barrier to newt dispersal in the longer term.

The site will have increased value for Great Crested Newts following the works according to Darwin Ecology (2013) from the wildlife meadow, the additional pond, habitat piles and hibernacula created. Darwin Ecology (2013) are satisfied that a Great Crested Newt Mitigation Licence from Natural England is not required and that an offence can be avoided by following the basic precautionary methods of working set out in their 2013 (revision C) report. To ensure the protection of Great Crested Newts and other wildlife a condition should be attached to the decision notice stating that all development, demolition or site clearance procedures on the site to which this consent applies shall be undertaken in line with the Extended Phase 1 Habitat Survey and Protected Species Mitigation Report by Darwin Ecology (January 2013 Revision C).

An informative should be attached to the decision notice stating that Great Crested Newts are protected under the European Council Directive of 12 May 1992 on the conservation of natural habitats and of wild fauna and flora (known as the Habitats Directive 1992), the Conservation of Habitats and Species Regulations 2010 and under the Wildlife & Countryside Act 1981 (as amended). If a Great Crested Newt is discovered on the site at any time then all work must halt and Natural England should be contacted for advice.

There is a single mature oak tree with low bat roost potential on the site according to Darwin Ecology (2012), all other trees present have negligible potential for roosting bats. The mature oak tree should be retained on the site and if tree surgery works or removal becomes necessary in the future then they should be undertaken following the guidance of a licensed, experienced ecologist. Bats were recorded foraging and commuting over the proposed development site.

In order to minimise disturbance to bats, a European Protected Species, a condition should be attached to the decision notice stating that prior to the erection

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of any external lighting on the site a lighting plan should 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 .

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

There is potential for nesting wild birds to be present on the site. To ensure the provision of nesting opportunities for wild birds a condition should be attached to the decision notice requiring a total of 10 woodcrete artificial nests, including 8 suitable for small birds such as robin, blackbird, tit species, sparrow and swallow and 2 suitable for nesting owls to be erected on the site prior to first occupation of the buildings hereby permitted.

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. 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.

There are a number of badger setts in the land surrounding the proposed development site according to Darwin Ecology (2012). Any works coming within 30m of the identified setts will need to be carried out following the strict method statement set out in section 7 of the Darwin Ecology (2012) report. An Ecological Clerk of Works will need to be appointed to supervise the works and will need to monitor the need for a Badger Disturbance Licence from Natural England but provided that the method statement can be adhered to this should not be necessary. The proposed enhancements for badgers in the form of new hedgerow planting and maintenance/enhancement of the grassland area of the site are very welcome. In order to ensure the protection of badgers a condition should be attached stating that all development, demolition or site clearance procedures on the site to which this consent applies shall be undertaken in line with Section 7 of the Extended Phase 1 Habitat Survey and Protected Species Mitigation Report by Darwin Ecology (January 2013 Revision C)

An informative should be attached stating that badgers, the setts and the access to the sett are expressly protected from killing, injury, taking, disturbance of the sett, obstruction of the sett etc by the Protection of Badgers Act 1992.No works should occur within 30m of a badger sett without a Badger Disturbance Licence from Natural England in order to ensure the protection of badgers which are legally

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protected under the Protection of Badgers Act (1992). All known Badger setts must be subject to an inspection by an experienced ecologist immediately prior to the commencement of works on the site.

4.1.4 Shropshire Council Highways: The proposal was the subject of an earlier pre planning application in which Highways raised no objection to the principle of the proposal.

The site is located in a rural location on the eastern outskirts of the village. Access to the site is by means of three main directions, from the B5063, Moreton Corbet to the west, and the A53 from the south/east and east (past Blakeley). The site has direct access onto 'Hodnet Lane', which is a Class III road. Hodnet Lane is typically of single vehicle width and the passing of vehicles is limited to available passing opportunities afforded by entrances to the fields and minor widenings rather than formal passing places. Taking into account the site's location with respect to other routes to the site and other places such as Shawbury, Highways are of the view that the traffic flow to and from the site is likely to be split between the three directions and not necessarily concentrated on the single route between the site and the A53 at Blakeley to the east.

The development proposes 6 holiday lodges which are likely to generate private car movements and likely to be on a slightly smaller trip generation than a residential/domestic property. Highways are aware of the nature of 'Hodnet Lane' but are of the view that the likely traffic associated with the development as proposed is unlikely to materially impact upon the existing highway situation and on balance it is not considered that a highway objection could be sustained. It should however be pointed out that this is based on the proposal as set out in the submitted information and that any further applications in the future will be treated on their individual merits at that time.

The measure of visibility from the existing access is acceptable for the prevailing highway conditions. The access details as set out in the additional information and plans are also acceptable. The access/verge apron should be improved in accordance with the Council's specification as follows; 20 mm surface course using 6 mm aggregate, 40 mm dense binder course using 20 mm aggregate and 200mm Type 1 MOT sub base.

Subject to the above, there is no objection from the highways aspect to the development and is requested that the recommended conditions be imposed upon any consent which may be granted.

4.1.5 Shropshire Council Trees: There are no protected or important individual amenity trees affected by the proposal and there is no objection in principle to the scheme.

From the photographs (no site visit has been undertaken to date) the woodland area appears to be a planted shelterbelt of mixed species and appears unmanaged. The applicant may wish to take forestry advice on the best way to manage these trees, which if they have not been previously thinned for example may have poor stem taper. This could result in a risk of wind blow if trees are removed / exposed by the proposed access road. Planting a lower canopy edge to the woods with native woodland edge species may enhance the appearance and

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structure of the woodland.

4.1.6 Shropshire Council Public Protection: Having considered the application I have would like to inform the applicant that due to the flying of RAF helicopters in the area which can occur into the early hours of the morning, appropriate glazing and insulation properties of construction materials are recommended.

4.1.7 Shropshire Fire Service: It will be necessary to provide adequate access for emergency fire vehicles. There should be access for a pumping appliance to within 45 metres of all points within the dwellings. This issue will be dealt with at the Building Regulations stage of the development. However, the Fire Authority advise that early consideration is given to this matter.

4.2 Public Comments

4.2.1 24 letters received objecting to the proposal on the following grounds:

- Long-term viability and site management - Justification for site selection - Noise and anti-social behaviour - Inappropriate siting outside village boundary and development plan. - Narrow access detrimental to highway safety - Impact on ecology - Impact on visual amenity - Proposal will be sited under RAF Shawbury night flight-path and may lead to nose complaints.

5.0 THE MAIN ISSUES

Principle of development Siting, scale and design of structure Impact on residential and local amenity Access, parking and highway safety Surface water drainage Impact on protected species Landscaping

6.0 OFFICER APPRAISAL

6.1 Principle of development 6.1.1 “Saved” policy T10 of the North Shropshire Local Plan sets out the Council’s criteria for assessing applications for holiday chalets and holiday village developments together with policy CS16 of the Shropshire Council Core Strategy. Policy T10 requires that such developments should be closely related to a settlement or an existing tourism attraction. A further requirement is that any applicant will need to demonstrate the economic benefits to the local economy and employment through the provision of an economic impact assessment. A large number of objections have contested the viability of the scheme. However, it is should be clarified that the Economic Impact Assessment has been submitted to demonstrate the benefit to the local economy and employment and not the viability of the scheme to satisfy

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the requirements of Saved Policy T10.

6.1.2 At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development (para.14) which for decision-taking means approving 6.1.3 development proposals that accord with the development plan without delay. The purpose of the planning system is to contribute to the achievement of sustainable development, to which there are three dimensions; economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles including an economic role which includes contributing to building a strong, responsive and competitive economy.

The Economic Impact Assessment submitted within this application states that a number of residents will be involved in the construction and development phase of the project and the operation of the site will provide jobs for local people as well as contracts for local attractions, which it is attracted they will have to travel by car to reach. The occupants of the lodges should however bring additional income to the local village pub, the Stanton Arms. The proposal will provide two full-time positions to operate the site, market and take bookings; one part-time position to service the units and one part-time position to maintain the grounds and general maintenance. It is envisaged that all jobs created by the proposal will be allocated to local people; however it should be noted that this cannot be guaranteed or made a condition of any consent. Local businesses will be able to advertise in Visitor Information Packs and there is potential to utilise local suppliers of bread, milk and eggs for visitors on their arrival. The proposal will incorporate a sustainable tourism tax which will be set aside for improvements to the village’s facilities in consultation with the local joint services committee. The brevity of the Economic Impact Assessment is noted. 6.1.4 However, the proposal is considered to respresent a sustainable form of rural tourism which will benefit local businesses, the local community and visitors whilst respecting the character of the countryside. The Parish Council’s concerns about the long-term viability of the scheme are noted. However, paragrapgh 8 of the NPPF clearly states that planning policies should support economic growth in rural areas in order to create jobs and prosperity. Policy CS16 also supports the provision of high quality, sustainable tourism facilities particularly given the vital role that these can play in the local economy. Tourism within Shropshire is a key economic sector which is approaching over 10% of overall employment in the 6.1.5 county. However, in order to comply with adopted policy the proposal will need to meet the various requirements set out. These include that the site is appropriate and that the scale and nature of the development retain and enhance existing natural features where possible, and do not harm Shropshire’s tranquil nature.

The scheme as submitted will enable diversification within the rural economy and also meet wider Council objectives of reducing carbon emissions through the use of sustainable construction methods. In addition as the site is close to the village of Stanton Upon Hine Heath with its limited facilities and is within close proximity to the Shropshire Way long distance path and other nearby attractions as identified in the supporting statement it will also potentially keep car travel to a minimum. In Officer’s opinion the principle of the proposed scheme would appear to comply with adopted policy on being in an appropriate location, and on being of economic benefit to the local and wider community.

6.2 Siting, scale and design of structure

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6.2.1 Core Strategy Policy CS6 seeks to ensure that all development protects, restores, conserves and enhances the natural, built and historic environment. The application site is located in an agricultural field adjacent to Rock Farm Barns which are unlisted but nonetheless considered a heritage asset. The proposed eco-lodges would deliver the first ‘Passivhaus’ tourism site in the West Midlands. The eco- lodges will be of the highest environmental standard, exceeding a range of green tourism and low carbon building standards. Each lodge is approximately 60 square metres in size, comprising one double and one single bedroom creating a total site capacity of 18 people. The lodges are of a flat roof design which will be out of view from ‘Hodnet Lane’ and will have glass and timber facades which are considered to reflect the natural characteristics of the site. The use of Grasscrete access tracks will help prevent an over-engineered development of the site and outdoor lighting will be kept to a minimum. The siting, design and materials of the lodges are considered to be appropriate to the rural context and character of the site and accord with the requirements of Core Strategy Policy CS6 and CS16 along with saved NSDC Local Plan Policy T10.

6.3 Impact on residential and local amenity 6.3.1 The Design and Access Statement outlines that the design and orientation of the eco lodges have been determined so as to reduce visual impact from neighbouring properties. The barn conversions at Rock Farm situated a minimum of 100 metres to the west of the site are the closest residential properties to the lodges. A recurring theme within the letters of objection are concerns about the lack of on-site management facilities which could lead to excessive noise from the lodges being unabated. It is acknowledged that the development of the site will inevitably result in an increase in noise and general activity in comparison to the existing agricultural use. However the lodges are considered to have been sited a sufficient distance from, and the frontages orientated away from neighbouring residential properties which will reduce the impact on their amenity. As such it is considered that the development has sought to safeguard residential and local amenity in accordance with the requirements of CS6.

6.4 Access, parking and highway safety 6.4.1 Vehicular access to the site is via the existing field access. In accordance with pre- application advice it is proposed to alter the existing access to a 5 metre wide shared surface arrangement with 4.5 metre kerb radii. The gate will be set back 5 metres from the carriageway. Manual for Street (2007) states that a 4.1 metre wide carriageway is wide enough to allow two cars to pass. Hence the proposed access as shown on drawing number BMT/2045/001 revision P2 enclosed within the Transport Assessment is of sufficient distance to enable two-way traffic. The drawing also illustrates that visibility splays of 2.4 x 70 metres to the centre of the carriageway can be achieved in an easterly direction and 2.4 x 70 metres also to the centre of the carriageway can be achieved in a westerly direction subject to maintenance work to the hedge. However this would severely disrupt the hedgerow and as vehicles speeds are likely to be relatively low it is proposed to retain the existing hedge as much as possible. In respect of parking, it is proposed to provide two spaces per lodge with additional parking inside the entrance gates. Storage for bicycles will be available on the decked area around the lodges. With regard to the delivery and construction of the lodges, the gateway as currently exists is wide enough to facilitate delivery with the proposed alterations making this easier. The units arrive fully constructed and at 4.2 x 14 metres are of similar proportions to

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agricultural vehicles.

6.4.2 The application has been referred to Shropshire Council Highways Development Control who were also consulted at the pre-application stage of development at which point they raised no objection. The Highways Officer has noted that the site is located in a rural location on the eastern outskirts of the village. Access to the site is by means of three main directions, from the B5063, Moreton Corbet to the west, and the A53 from the south/east and east (past Blakeley). The site has direct access onto 'Hodnet Lane', which is a Class III road. Hodnet Lane is typically of single vehicle width and the passing of vehicles is limited to available passing opportunities afforded by entrances to the fields and minor widenings rather than formal passing places. Taking into account the site's location with respect to other routes to the site and other places such as Shawbury, Highways are of the view that the traffic flow to and from the site is likely to be split between the three directions and not necessarily concentrated on the single route between the site and the A53 at Blakeley to the east.

6.4.3 The development proposes 6 holiday lodges which are likely to generate private car movements and likely to be on a slightly smaller trip generation than a residential/domestic property. Highways are aware of the nature of 'Hodnet Lane' but are of the view that the likely traffic associated with the development as proposed is unlikely to materially impact upon the existing highway situation and on balance it is not considered that a highway objection could be sustained. It should however be pointed out that this is based on the proposal as set out in the submitted information and that any further applications in the future will be treated on their individual merits at that time.

6.4.5 The measure of visibility from the existing access is acceptable for the prevailing highway conditions. The access details as set out in the additional information and plans are also acceptable. The access/verge apron should be improved in accordance with the Council's specification as follows; 20 mm surface course using 6 mm aggregate, 40 mm dense binder course using 20 mm aggregate and 200mm Type 1 MOT sub base which will be secured through condition. Subject to the above, there is no objection from the highways aspect to the development and is requested that the recommended conditions be imposed upon any consent which may be granted. The concerns of local residents in respect of highway safety as outlined in the Public Consultation section above have been taken into account. However, Officers do not consider that the proposal will result in unacceptable levels of traffic, will include sufficient parking and manoeuvring space and will have a convenient and safe access to the surrounding road network which is considered capable of safely accommodating the additional traffic.

6.5 Surface water drainage 6.5.1 Policy CS18 requires developments to integrate measures for sustainable water management to reduce flood risk by ensuring that planning applications have regard to the Strategic Flood Risk Assessment for Shropshire. As such the application has been submitted with Flood Risk Assessment and Surface Water Management and Foul Water Disposal documents. It is proposed to utilise two certified BioDisc treatment systems and subject to Building Regulation approval the preferred option is to discharge the outflow to the newly formed pond, the outflow of which is connected to the main watercourse. These documents and proposals have

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been assessed by the Council’s Flood Risk and Water Management Team who have no objection to the use of a BioDisc subject to the submission of the sizing of the proposed package treatment plant using the FDA1 Form.

6.5.2 Meanwhile, regarding the surface water drainage, confirmation is required by condition that the existing ponds have the capacity to accommodate flow from the new impermeable development and also what type of control will be installed to prevent an increase in flow from the pond to the watercourses, for storm events up to 1 in 100 year + 30%. This will ensure that, for the disposal of surface water drainage, the development is undertaken in a sustainable manner and to minimise flood risk elsewhere as a result of the development. Given that the development is not located within Flood Zones 2 or 3 and that the development is considered capable of integrating measures for sustainable water management to reduce flood risk the proposal is considered compliant with CS18.

6.6 Impact on protected species 6.6.1 The proposed seeks to promote biodiversity and includes a pond, an area of hay meadow, wild flowers, grasses and log piles. The existing wooded area in the south western corner of the site is considered to offer protection to a badger sett with areas of unmanaged grassland around the existing pond will help protect the confirmed Great Crested Newts population.

6.6.2 The application has been referred to the Council’s Planning Ecologist who has noted that there is a confirmed presence of Great Crested Newts (max count 4) and smooth newts (max count 12) in the large pond within 50m of the proposed development site within the Extended Phase 1 Habitat Survey and Protected Species Mitigation Report by Darwin Ecology (January 2013 Revision C). The population of Great Crested Newts has been characterised as ‘small’ based on 4 visits rather than the standard 6 but due to the very small scale of the works and the newness of the pond (it was stocked with fish up until 2 years ago) I am satisfied that the conclusions of the survey are adequate.

6.6.3 Darwin Ecology (2013) have assessed the permanent habitat loss on the site 17.2m² using the Natural England Rapid Risk Assessment toolkit and the toolkit gives the result Green: Offence highly Unlikely. A slightly larger area will be temporarily impacted by the installation of the pathways etc but these will be formed from a plastic cellular confinement system which will be installed in the hibernation period when newts are very unlikely to be present in the low value grassland or moving across it and which will not form a barrier to newt dispersal in the longer term.

6.6.4 The site will have increased value for Great Crested Newts following the works according to Darwin Ecology (2013) from the wildlife meadow, the additional pond, habitat piles and hibernacula created. Darwin Ecology (2013) are satisfied that a Great Crested Newt Mitigation Licence from Natural England is not required and that an offence can be avoided by following the basic precautionary methods of working set out in their 2013 (revision C) report. To ensure the protection of Great Crested Newts and other wildlife a condition should be attached to the decision notice stating that all development, demolition or site clearance procedures on the site to which this consent applies shall be undertaken in line with the Extended Phase 1 Habitat Survey and Protected Species Mitigation Report by Darwin

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Ecology (January 2013 Revision C).

6.6.5 The Planning Ecologist has recommended that an informative should be attached to the decision notice stating that Great Crested Newts are protected under the European Council Directive of 12 May 1992 on the conservation of natural habitats and of wild fauna and flora (known as the Habitats Directive 1992), the Conservation of Habitats and Species Regulations 2010 and under the Wildlife & Countryside Act 1981 (as amended). If a Great Crested Newt is discovered on the site at any time then all work must halt and Natural England should be contacted for advice.

6.6.6 There is a single mature oak tree with low bat roost potential on the site according to Darwin Ecology (2012), all other trees present have negligible potential for roosting bats. The mature oak tree should be retained on the site and if tree surgery works or removal becomes necessary in the future then they should be undertaken following the guidance of a licensed, experienced ecologist. Bats were recorded foraging and commuting over the proposed development site.

6.6.7 In order to minimise disturbance to bats, a European Protected Species a condition should be attached to the decision notice stating that prior to the erection of any external lighting on the site a lighting plan should 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 .

6.6.8 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). The mature oak tree should be retained on the site and if tree surgery works or removal becomes necessary in the future then the advice of a licensed, experienced ecologist should be sought and followed prior to the commencement of works on the tree. If a bat should be discovered on site at any point during the development then work must halt and Natural England should be contacted for advice.

6.6.9 There is potential for nesting wild birds to be present on the site. To ensure the provision of nesting opportunities for wild birds a condition should be attached to the decision notice requiring a total of 10 woodcrete artificial nests, including 8 suitable for small birds such as robin, blackbird, tit species, sparrow and swallow and 2 suitable for nesting owls to be erected on the site prior to first occupation of the buildings hereby permitted.

6.6.10 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. 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

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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.

6.6.11 There are a number of badger setts in the land surrounding the proposed development site according to Darwin Ecology (2012). Any works coming within 30m of the identified setts will need to be carried out following the strict method statement set out in section 7 of the Darwin Ecology (2012) report. An Ecological Clerk of Works will need to be appointed to supervise the works and will need to monitor the need for a Badger Disturbance Licence from Natural England but provided that the method statement can be adhered to this should not be necessary. The proposed enhancements for badgers in the form of new hedgerow planting and maintenance/enhancement of the grassland area of the site are very welcome. In order to ensure the protection of badgers a condition should be attached stating that all development, demolition or site clearance procedures on the site to which this consent applies shall be undertaken in line with Section 7 of the Extended Phase 1 Habitat Survey and Protected Species Mitigation Report by Darwin Ecology (January 2013 Revision C)

6.6.12 The Planning Ecologist has recommended that an informative should be attached stating that badgers, the setts and the access to the sett are expressly protected from killing, injury, taking, disturbance of the sett, obstruction of the sett etc by the Protection of Badgers Act 1992.No works should occur within 30m of a badger sett without a Badger Disturbance Licence from Natural England in order to ensure the protection of badgers which are legally protected under the Protection of Badgers Act (1992). All known Badger setts must be subject to an inspection by an experienced ecologist immediately prior to the commencement of works on the site.

6.6.13 The attachment of conditions and Informative(s) should ensure that the proposal protects, restores, conserves and enhances the natural environment and it has been satisfactorily demonstrated that the proposal will not have a detrimental impact on statutory protected species. Accordingly the proposal complies with the requirements of Core Strategy Policies CS6, CS16 and CS17.

6.7 Landscaping 6.7.1 The application has been referred to the Council’s Tree Officer who has noted that there are no protected or important individual amenity trees affected by the proposal and there has no objection in principle to the scheme. From the photographs the woodland area appears to be a planted shelterbelt of mixed species and appears unmanaged. The Tree Officer has advised the applicant to take forestry advice on the best way to manage these trees, which if they have not been previously thinned for example may have poor stem taper. This could result in a risk of wind blow if trees are removed / exposed by the proposed access road. Planting a lower canopy edge to the woods with native woodland edge species may enhance the appearance and structure of the woodland. The Landscape Plan illustrates that the lodges will be set divided into two blocks of three. Half of the lodges will be sited towards the northern boundary with the grasscrete access route acting as a buffer between the lodges and existing hedgerow. The remaining three lodges will be located towards the south eastern corner of the site in an existing clearing in the wooded area. The proposal is considered to retain and enhance the existing natural features of the site which accords with the requirements of Core Strategy Policy CS16.

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North Planning Committee – 5th March 2013

7.0 CONCLUSION 7.1 The site is closely related to the Local Service Village of Stanton Upon Hine Heath which has some facilities. The location of the site would not place an unacceptable burden on the local road network and the development of six eco-lodges is of a scale appropriate to the location. The site is unobtrusive, well screened by established boundary hedges and a small wooded area and the proposed landscaping is considered to be of a high quality. The scheme proposed adequate sewage and surface water drainage facilities, and is not within a high risk flood area. The applicant has demonstrated through the submission of an economic impact assessment that the development will benefit the local economy and employment opportunities. Accordingly the proposal is considered to comply with:

- Saved North Shropshire District Council Policy T10, and - Shropshire Core Strategy Policies CS5, CS6, CS16, CS17 and CS18.

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.

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

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North Planning Committee – 5th March 2013

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 ‘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

West Midlands Regional Spatial Strategy Policies:

Core Strategy and Saved Policies: CS5 – Countryside and Green Belt CS6 – Sustainable Design and Development Principles CS13 – Economic Development Enterprise and Employment CS16 – Tourism, Culture and Leisure CS17 – Environmental Networks CS18 – Sustainable Water Management T10 – Static Caravan Sites, Holiday Chalets and Holiday Village Developments

RELEVANT PLANNING HISTORY :

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North Planning Committee – 5th March 2013

No relevant planning history.

11. Additional Information

View details online:

List of Background Papers (This MUST be completed for all reports, but does not include items containing exempt or confidential information)

http://planningpa.shropshire.gov.uk/online- applications/simpleSearchResults.do;jsessionid=5721FB80A2B8AF48DB4CBFD664078A9B?ac tion=firstPage

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

Cllr Karen Calder

Appendices APPENDIX 1 - Conditions

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North Planning Committee – 5th March 2013

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 approved plans and drawings.

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

3. All development, demolition or site clearance procedures on the site to which this consent applies shall be undertaken in line with Section 7 of the Extended Phase 1 Habitat Survey and Protected Species Mitigation Report by Darwin Ecology (January 2013 Revision C)

Reason: To ensure the protection of Badgers, Great Crested Newts and other wildlife

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

4. Prior to commencement of any built development full details to include the sizing of the proposed package treatment plant should be submitted using the FDA1 Form for the approval in writing of the Local Planning Authority. British Water 'Flows and Loads: 3' should be used to determine the number of persons for the proposed development. Design and installation should be in accordance with the Building Regulations H2 paragraphs 1.54 to 1.57. The drainage works shall be undertaken strictly in accordance with the approved details prior to the first occupation of the lodges.

Reason: To ensure that the foul water drainage system complies with the Building Regulations H2.

5. Prior to the commencement of any built development confirmation is required that the existing ponds have the capacity to accommodate flow from the new impermeable development and the type of control to be installed to prevent increased flows from the pond to the watercourses, for storm events up to 1 in 100 year + 30%.

Reason: To ensure that, for the disposal of surface water drainage, the development is undertaken in a sustainable manner and to minimise flood risk elsewhere as a result of the development.

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North Planning Committee – 5th March 2013

6. Prior to the first occupation of any of the lodges the access/verge apron should be improved in accordance with the Councils specification as follows; 20 mm surface course using 6 mm aggregate, 40 mm dense binder course using 20 mm aggregate and 200mm Type 1 MOT sub base.

Reason: In the interests of highway safety.

7. The access improvements, parking and internal drive ways shall be satisfactorily laid out and completed in accordance with the approved plan and supporting details prior to the first occupation of any of the lodges.

Reason: To ensure the formation and construction of a satisfactory access in the interests of highway safety.

8. 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.

9. The access alterations shall be satisfactorily laid out and completed in accordance with the approved plan BMT/2045/001 Rev P2 prior to the use of the site commencing.

Reason: To ensure the formation and construction of a satisfactory access in the interests of highway safety.

10. A total of 10 woodcrete artificial nests, including 8 suitable for small birds such as robin, blackbird, tit species, sparrow and swallow and 2 suitable for nesting owls shall be erected on the site prior to first occupation of the buildings hereby permitted.

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

11. All hard and soft landscape works shall be carried out in accordance with the approved details and to a reasonable standard in accordance with the relevant recommendations of appropriate 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.

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North Planning Committee – 5th March 2013

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

12. The buildings shall be used to provide holiday accommodation only and they shall not be occupied as permanent unrestricted accommodation or as a primary place of residence.

Reason: To ensure that the approved holiday accommodation is not used for unauthorised permanent residential occupation.

13. The owners/operators shall maintain an up-to-date register of the names of all owners/occupiers of the units of holiday accommodation on the site, and of their main home addresses, and shall make this information available at all reasonable times to the local planning authority.

Reasons: To ensure that approved holiday accommodation is not used for unauthorised permanent residential occupation.

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