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Outline Planning Applica Development of Land Off Town and Country Planning Act 1990 (as amended) Outline planning application for residential development of land off Long Lane (land south of Chapel -en-le-Frith High School) , Chapel-en-lele -Frith Client: Bank Hall Drive Developments Our Ref: ROB390/2 Document Date: January 2015 1 CONTENTS 1. Introduction ........................................................................................................ 3 2. The Proposal ..................................................................................................... 5 3. Site and Surroundings ....................................................................................... 6 4. Policy and Legislative Framework ..................................................................... 7 5. Assessment ..................................................................................................... 42 6. Conclusions ..................................................................................................... 62 2 1. INTRODUCTION 1.1 This outline planning application is submitted by Knights on behalf of Bank Hall Drive Developments for around 250 dwellings. The site is located to the west of Long Lane (and west of the railway line) and to the south of Chapel-en-le-Frith High School; see the accompanying site location plan (drawing number ROB390/2-001). 1.2 This planning application is submitted in outline form, with all matters reserved for subsequent approval, however an indicative masterplan accompanies the planning application to demonstrate layout principles. In addition, an access appraisal has been prepared by SCP (transport consultants) to demonstrate that safe and suitable points of access can be achieved in a variety of locations around the site. 1.3 The application red edge covers the land under the control of the applicant only. The supporting information by SCP demonstrates that access can be achievable, and as such, should the council be minded to grant planning permission, Grampian conditions should be attached to the decision notice in order to secure the appropriate access. It should be noted here on this specific point that the test of the Framework is whether or not a site is suitable, available and achievable. In this case, the proposal demonstrates that access is achievable. The site is otherwise considered to be suitable and available for development, as evidenced in the SHLAA and Landscape Impact Assessment, evidence documents for which have been submitted with the emerging High Peak Local Plan, which is currently subject to examination in public. The merits of the proposal will be set out in more detail later on in this statement. 1.4 This planning application has been informed by pre-application discussions with High Peak Borough Council officers, as well as a pre-application community engagement exercise. 1.5 A request for a formal screening opinion under the 2010 Environmental Impact Assessment Regulations was submitted to High Peak Borough Council dated 30/01/2015. The applicants concluded in the request for a screening opinion that the proposal would not comprise EIA development. A response from High Peak Borough Council is awaited. 1.6 This planning submission includes the following documents: • Planning application forms • A site location plan by Knights LLP • An existing site survey by Survey Systems • A concept masterplan by MCK Architects (submitted for indicative purposes only) • A design and access statement by Knights LLP • A phase 1 ground investigation by GRM • A phase 1 ecology survey by Rachel Hacking Ecology • An access appraisal by SCP • A landscape framework and masterplan by Tyler Grange • A landscape and visual impact assessment by Tyler Grange • A statement of community engagement by MMB Studios 3 • Section 106 draft heads of terms • A flood risk assessment and SUDS strategy by Waterco • An arboricultural implications study by Tyler Grange • Affordable housing statement by Knights LLP • A heritage statement by Knights LLP 1.7 This statement assesses the development plan and its conformity with the Framework, and assesses whether the proposed development would accord with the development plan and whether or not the proposal would comprise sustainable development. 1.8 In addition, this statement will assess the proposed development against the emerging Neighbourhood Development Plan for Chapel-en-le-Frith, which has been submitted for examination. The council has appointed an Inspector to conduct the examination, however at the time of writing, the date of the start of the examination has yet to be confirmed. This statement will demonstrate that the proposals do not conflict with the Neighbourhood Plan. 1.9 This statement demonstrates that the proposal would comprise sustainable development, and that in accordance with Section 38(6) of the 2004 Planning and Compulsory Purchase Act, outline planning permission ought to be granted. 4 2. THE PROPOSAL 2.1 This proposal seeks outline planning permission for residential development with all matters reserved. 2.2 The indicative capacity of the site would be approximately 250 dwellings, and the development proposals would include public open space, sustainable urban drainage features and landscaping. 2.3 30% of the proposed dwellings would be for affordable housing, totalling a provision of 75 affordable homes at a split of 80% for affordable rent and 20% for shared ownership. The proposals would also include 25 one and two bed retirement homes. The proposed indicative housing breakdown provision on this site would be as follows: • 16 1-bed affordable homes • 37 2-bed affordable homes • 22 3-bed affordable homes • 25 1 and 2-bed retirement homes • 43 2-bed open market homes • 63 3-bed open market homes • 30 4-bed open market homes • 14 5-bed open market homes 2.4 One and two bedroom units can be provided in the form of flats within buildings of a maximum height of 3 storeys. 2.5 Further details regarding the design and layout of the proposals are provided within the supporting design and access statement. 5 3. SITE AND SURROUNDINGS 3.1 The planning application seeks outline planning consent for residential development of approximately 250 dwellings on land off Long Lane, Chapel-en-le-Frith. Chapel-en-le-Frith is one of High Peak’s principal towns along with Glossop and Buxton. 3.2 The site is located to the west of Long Lane and west of the existing mineral railway line, and south of Chapel-en-le-Frith High School. 3.3 Topographically, the site sits on the valley floor and gently slopes east to west from approximately 237m AOD (Above Ordnance Datum) to 229m AOD. The site is overlooked by steeply rising ground at Eccles Pike, Ladder Hill, Castle Naze and Cow Low which offer wide panoramic views of the valley landscape. 3.4 The site is located on the south-western settlement edge of Chapel-en-le-Frith and immediately adjacent to Chapel-en-le-Frith High School. It occupies part of a transitional landscape between Chapel-en-le-Frith and the wider pastoral farmland to the south and west. It is influenced by adjacent residential development to the north and east, and the proximity of the railway embankment to the immediate east. The surrounding framework of vegetation provides some degree of enclosure to the site, which when coupled with the proximity to existing built form at the settlement edge gives it ‘settlement fringe’ characteristics with the Open Countryside better represented within the rolling pastoral landscape located to the south-west of the site. 6 4. POLICY AND LEGISLATIVE FRAMEWORK 4.1 In accordance with Section 38(6) all planning applications should be determined in accordance with the development plan, unless material considerations indicate otherwise. This legislative test is re-affirmed at paragraph 196 of the National Planning Policy Framework (“the Framework”). 4.2 Of all material considerations, there can be no dispute that the Framework is the most important material consideration. Paragraph 214 and 215 of Annex 1 of the Framework states that from 12 months from the date of publication (of the Framework) decision makers may continue to give full weight to relevant policies adopted since 2004 (in accordance with the 2004 Act). In other cases and following this 12 month period due weight should be given to relevant policies according to their degree of consistency with the Framework. 4.3 It is reiterated at this point that paragraph 14 of the Framework requires that where relevant policies are out of date, that planning permission be granted subject to the two criteria in paragraph 14. 4.4 The new policy provision therefore requires a fundamental re-assessment of the Section 38(6) statutory approach to the Development Plan when its policies are out of date. It is also noteworthy that the saving letter (attached at Appendix 1 ) itself warns that the saved policies may need to be re-visited in the light of more recent policy. 4.5 Relevant “saved” local plan policies in this case are listed below: • GD2 • GD4 • GD5 • GD6 • OC1 • OC4 • OC10 • BC1 • H1 • H11 4.6 In this case, OC1 seeks to restrict development in the countryside beyond the built up area boundaries to those essential to the rural economy and GD4 seeks good design that will be appropriate to the character of the area and to prevent any undue detrimental effect on the visual qualities of the locality or the wider landscape. 4.7 Given that there is an absence of a 5YHLS in High Peak the relationship between housing delivery and the successful operation of OC1 is relevant. As such, Local Plan
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