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Land Adjacent to Old Wheatsheaf, the Street, Stow Maries

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Land Adjacent to Old Wheatsheaf, the Street, Stow Maries REPORT of DIRECTOR OF SERVICE DELIVERY to NORTH WESTERN AREA PLANNING COMMITTEE 29 JULY 2020 Application Number 20/00499/OUT Location Land adjacent to Old Wheatsheaf, The Street, Stow Maries Outline application with all matters reserved for a new detached Proposal dwelling Applicant Mr N Brown Agent Mr P Harris Target Decision Date 31.07.2020 Case Officer Hayleigh Parker-Haines Parish STOW MARIES Reason for Referral to the Member Call In – Councillor. White – Public Interest, Effect on Committee / Council the Countryside, Highways and Streetscene 1. RECOMMENDATION REFUSE for the reasons as detailed in Section 8 of this report. 2. SITE MAP Please see overleaf. Agenda Item no. 6 Our Vision: Sustainable Council – Prosperous Future Agenda Item no. 6 3. SUMMARY 3.1 Proposal / brief overview, including any relevant background information 3.1.1 The application site is located to the northern side of The Street and does not fall within any defined settlement boundary. The application site has an area of approximately 0.12 ha. The site is currently free from any built form and is bordered by native hedgerow where the site borders the road. 3.1.2 The application seeks outline planning permission with all matters reserved for the erection of a single detached dwelling with a detached garage. 3.1.3 An indicative site plan has been provided which shows that the dwelling would be located relatively central to the plot with the garage situated close to the north eastern corner of the site, with a new access from The Street adjacent to this. 3.2 Conclusion 3.2.1 The proposed dwelling is contrary to the policies of the Local Development Plan (LDP) as the application site is outside of the settlement boundary of Stow Maries. The development would urbanise and develop the site to the detriment of the character of the site and the surrounding area and the countryside. The proposal is therefore unacceptable and contrary to the content of national and local planning policies. 4. MAIN RELEVANT POLICIES Members’ attention is drawn to the list of background papers attached to the agenda. 4.1 National Planning Policy Framework 2019 including paragraphs: 7 Sustainable Development 8 Three objectives of sustainable development 10-12 Presumption in favour of sustainable development 38 Decision-making 47-50 Determining applications 54-57 Planning conditions and obligations 59-79 Delivering a sufficient supply of homes 117-118 Making effective use of land 124-132 Achieving well-designed places 4.2 Maldon District Local Development Plan 2014 – 2029 approved by the Secretary of State: S1 Sustainable Development S8 Settlement Boundaries and the Countryside D1 Design Quality and Built Environment H2 Housing Mix H4 Effective Use of Land T1 Sustainable Transport T2 Accessibility Agenda Item no. 6 4.3 Relevant Planning Guidance / Documents: National Planning Policy Framework (NPPF) Maldon District Design Guide SPD (MDDG) Maldon District Vehicle Parking Standards SPD (VPS) 5. MAIN CONSIDERATIONS 5.1 Principle of Development 5.1.1 The Council is required to determine planning applications in accordance with its adopted Development Plan unless material considerations indicate otherwise (Section 38(6) of the Planning and Compulsory Purchase Act 2004 (PCPA 2004) and Section 70(2) of the Town and Country Planning Act 1990 (TCPA1990)). 5.1.2 Policies S1, S2 and S8 of the approved Maldon District Local Development Plan (MDLDP) seek to support sustainable developments within the defined settlement boundaries. This is to ensure that the countryside will be protected for its landscape, natural resources and ecological value as well as its intrinsic character and beauty. It is clearly stated that outside of the defined settlement boundaries, Garden Suburbs and Strategic Allocations, planning permission for development will only be granted where the intrinsic character and beauty of the countryside is not adversely impacted upon. 5.1.3 Policy S8 of the LDP indicates that outside defined settlements housing will not normally be allowed. The site is outside the development boundary and is in the countryside for purposes of application of planning policy. As such the proposal is in conflict with the approved policies. Policy S8 also includes a list of acceptable forms of development within the countryside which does not include open-market housing. 5.1.4 The NPPF is also clear that sustainable development is at the heart of the planning system. The Framework’s definition of sustainable development has three key dimensions that are mutually dependent upon each other and need to be balanced. These are the economic, social and environmental roles. This requirement is carried through to local policies via policy S1 of the approved LDP which emphasises the need for sustainable development. 5.1.5 The Council has undertaken a full assessment of the Five Year Housing Land Supply (FYHLS) in the District and it is concluded that the Council is able to demonstrate a supply of specific deliverable sites sufficient to provide for more than five years’ worth of housing against the Council’s identified housing requirements. The content of the LDP can therefore be afforded full weight in the assessment of any application. 5.1.6 Paragraph 78 of the NPPF states that: ‘To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services. Where there are groups of smaller settlements, development in one village may support services in a village nearby.’ Agenda Item no. 6 5.1.7 Further to the above, whilst it is acknowledged that the proposed dwelling would not necessarily be considered isolated in terms of other development, this does not automatically mean that the site is considered sustainable. The erection of a new dwelling outside of the defined settlement boundary is resisted by the adopted policies. It is considered in this instance that the proposed development would urbanise the area through the provision of a dwelling and associated residential paraphernalia, to the detriment of the character of the area. Whilst it is noted that the application is outline in nature the concerns relate to a dwelling being located onsite irrespective of the appearance and scale of the development. Overall it is considered that the subsequent harm from such a dwelling would introduce an unacceptable level of built form outside of the settlement boundary therefore, failing to meet the criteria contained within the LDP and the guidance contained within the NPPF and the LDP. 5.1.8 In terms of Policy H4, the site serves a purpose of providing open space within the countryside and contributes to the rural character of the area. Therefore, it is considered that the site does have a useful purpose and it has not been demonstrated, to the satisfaction of the Local Planning Authority (LPA), by the Applicant that there is a significant under use of land and the proposal would make more effective use of it. 5.1.9 Having regard to the above, it is considered that the proposal would be contrary to policies S1, S8 and H4 of the LDP due to the introduction of inappropriate and unjustified development within the countryside. 5.2 Housing Need and Supply 5.2.1 The proposal would provide a dwelling with an unspecified number of bedrooms. The Strategic Housing Market Assessment (SHMA) identifies that there is a need for a higher proportion of two-bedroom units to create a better housing offer and address the increasing need for smaller properties due to demographic and household formation change. 5.2.2 Policy H2 of the LDP and its preamble (paragraph 5.2.2), which when read alongside the evidence base from the SHMA, shows an unbalanced high number of dwellings of three or more bedrooms, with less than half the national average for one- and two- bedroom units, and around 71% of all owner-occupied properties having three or more bedrooms. 5.2.3 The Council is therefore encouraged in the approved policy H2 to provide a greater proportion of smaller units to meet the identified needs and demands. Therefore, in the absence of details in relation to the size of the dwelling, it is not possible to give any positive weight to the contribution that the proposal might make to social sustainability in this regard. 5.2.4 It should also be noted that the Council has an up-to-date development plan which will generally deliver the housing required. As part of its FYHLS Statement, the Council has published information on its potential housing supply (5-year supply of housing plus an additional 5% buffer as required by the NPPF). The statement provided evidence that the Council is able to demonstrate a housing land supply in excess of six years against its adopted targets and therefore, meets the requirements of Agenda Item no. 6 the NPPF in terms of housing delivery. Thus, the authority is able to meet its housing needs targets without recourse to allowing development which would otherwise be unacceptable. 5.3 Design and Impact on the Character of the Area 5.3.1 The planning system promotes high quality development through good inclusive design and layout, and the creation of safe, sustainable, liveable and mixed communities. Good design should be indivisible from good planning. Recognised principles of good design seek to create a high-quality built environment for all types of development. 5.3.2 It should be noted that good design is fundamental to high quality new development and its importance is reflected in the NPPF. Likewise, the basis of policy D1 of the approved LDP seeks to ensure that all development will respect and enhance the character and local context and make a positive contribution to the countryside in relation to a number of factors.
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