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17-00703-Ful Patrick Walker: Senior Planning Officer – Planning Committee 19/06/2018 17/00703/FUL Gainlive Ltd ACTON TRUSSELL, BEDNALL & TEDDESLEY HAY Councillor Len Bates Councillor Isabel Ford The Lane House Top Road Acton Trussell Stafford South Staffordshire ST17 0RQ Proposed residential development with four new dwellings 1. SITE DESCRIPTION AND PLANNING HISTORY 1.1 Site Description 1.1.1 The site is located within the Acton Trussell Development Boundary. It currently consists of an existing two storey four bedroom dwelling with a skillion and lean-to roof, surrounding garden areas and an access track leading onto Top Road. It is surrounded to the north, west and south by residential development, which largely consists of detached two storey properties. To the east is open countryside containing open fields. The site is bounded by substantial shrub and tree planting on all sides. Topographically, the site rises from west to east and forms part of an area of raised ground within the context of the wider village. 1.2 Planning History 1974 The erection of three houses with roadworks - Refused [74/00344] 2016 Proposed residential development with four new dwellings - Refused [16/00067/FUL] - Appeal dismissed (see paragraph 2.1.1 below) 1.3 Pre-application Discussions 1.3.1 Pre-application discussions took place with the applicant. 2. APPLICATION DETAILS 2.1 Proposal 2.1.1 The application is essentially a resubmission of the previously refused planning application 16/00067/FUL, which has been resubmitted in light of the appeal decision on the previous application. In this appeal decision the inspector concluded, to summarise, that there were no concerns with the scheme's impact on neighbouring properties, local character or highways that warranted refusal. The appeal was dismissed solely over the inspector's concerns regarding the legal agreement provided to secure mitigation payments towards the Cannock Chase Special Area of Conservation. Subsequently, the applicants have sought to provide a satisfactory legal agreement to secure the required mitigation payments, and have resubmitted the scheme for consideration with this amended agreement. Patrick Walker: Senior Planning Officer – Planning Committee 19/06/2018 2.1.2 The application proposes the demolition of the existing dwelling and associated structures, replacing these with four two and a half storey dwellings and associated garages. Plot 1 will contain a six bedroom dwelling, plot 2 will contain a five bed dwelling, plot 3 will contain a six bed dwelling and plot 4 will contain a seven bed dwelling. Each dwelling will be served by four car parking spaces, which will be provided through parking spaces at the front of each dwelling and within the associated garages. Access to the dwellings will be provided using the existing access from Top Road, although a passing bay is proposed along this as part of the development. Two trees are proposed to be removed to the north east of the site, although the numerous remaining trees within the site are to be retained. In addition to the 4 dwellings to be constructed, the applicant has agreed to enter into a Unilateral Agreement for a monetary payment towards the Cannock Chase SAC. 2.2 Agent Submissions 2.2.1 The application is accompanied by the following additional information: - Topographical Survey - Tree Report/Impact Survey - Planning Support Statement - Ecological Survey (18/10/2017) subsequently followed by an Addendum to Ecological Appraisal (18/12/2017) followed by further eDNA sampling for great crested newts on ponds in the vicinity of the proposed site (received 14/05/2018). - Appeal decision relating to previous planning application's refusal (16/00067/FUL) 3. POLICY CONTEXT 3.1 The site is within the Development Boundary of Acton Trussell 3.2 Core Strategy National Policy 1: The Presumption in Favour of Sustainable Development Core Policy 1: The Spatial Strategy for South Staffordshire Core Policy 2: Protecting and Enhancing the Natural and Historic Environment Policy EQ1: Protecting, Expanding and Enhancing Natural Assets Policy EQ3: Conservation, Preservation and Protection of Heritage Assets Policy EQ4: Protecting and Enhancing the Character and Appearance of the Landscape Core Policy 3: Sustainable Development and Climate Change Policy EQ9: Protecting Residential Amenity Core Policy 4: Promoting High Quality Design Policy EQ11: Wider Design Considerations Policy EQ13: Development Contributions Core Policy 6: Housing Delivery Policy H1: Achieving a Balanced Housing Market Policy H2: Provision of Affordable Housing Core Policy 10: Sustainable Community Facilities and Services Core Policy 11: Sustainable Transport Policy EV11: Sustainable Travel Patrick Walker: Senior Planning Officer – Planning Committee 19/06/2018 Policy EV12: Parking Provision 3.3 National Planning Policy Framework Chapter 3: Supporting a prosperous rural economy Chapter 4: Promoting sustainable transport Chapter 6: Delivering a wide choice of high quality homes Chapter 7: Requiring good design Chapter 12: Conserving and enhancing the historic environment 3.4 Other relevant documents Affordable Housing and Housing Mix SPD 4. CONSULTATION RESPONSES Councillor Len Bates Initial comments (received 04.08.2017) Further to our recent telephone conversation I wish to "call in" the above application to be determined by the Planning Committee. Further comments (received 11/08/2017) The application is contrary to Policies EQ9 and EQ11 of the Council's Core Strategy. EQ9 states: "New development should take into account the amenity of any nearby residents". All of the residents who have properties adjacent to the proposed development have serious concerns regarding loss of light, loss of privacy, the impact on the amenity. EQ11 states: "Development should contribute positively to the surrounding buildings, whilst respecting the scale of spaces and buildings in the surrounding area". The overbearing nature of the proposed development would result in the exceptionally large properties, over 9 metres in height, would directly affect the light to neighbouring properties. Some of the properties would directly overlook bedroom windows on adjacent properties let into the bank on Top Road as existing screening trees have been removed prior to the initial application being made. By virtue of the height of the site the houses would have a detrimental effect on the neighbouring village of Bednall and the Cannock Chase Area of Oustanding Natural Beauty. The proposed development would not be in keeping with other developments in Acton Trussell. The Acton Trussell, Bednall & Teddesley Hay Parish Council Parish Council do not support the application as per their letter to South Staffordshire dated 17th February 2016. In addition, local residents have written ot the Council expressing their concerns, which include: 1. The properties would be overbearing due to size and elevated position. 2. The removal of mature trees. 3. Parking and traffic problems during construction period. 4. Road safety. 5. Loss of peace and quiet and loss of wildlife. Patrick Walker: Senior Planning Officer – Planning Committee 19/06/2018 6. Disruption in the event of construction work taking place. I have "called-in" this application for determination by the Planning Committee and I shall call for refusal on the grounds that it does not accord with the Council's Core Strategy Policies EQ9 and EQ11. Acton Trussell Parish Council (expired 25.08.2017) No comments received directly from the Parish Council. Conservation Officer (received 15.08.2017) The application is a resubmission following the refusal of application 16/00067/FUL on 24 June 2016, and the subsequent appeal dismissed on 25 April 2017. The application as submitted is identical to the previous submission, and as such the previous Conservation Officer comments remain valid. Summary: This site is adjacent to a number of Locally Listed Buildings namely 1-3 Bank Cottages, Top Road and Bank Top Cottages on Bank Top Lane. There will be a slight impact on the setting of these undesignated heritage assets but this can be mitigated by robust boundary treatments and can be balanced against potential public benefits. Comments: Under the NPPF, paragraph 135, Local Planning Authorities are required to take into account the effect of an application on the significance of a non-designated heritage asset (NDHA). In weighing applications that affect directly or indirectly NDHA's a balanced judgement will be require having regard to the scale of any harm or loss and the significance of the heritage asset. As the buildings are locally listed they can be considered as having some significance although not sufficient to merit statutory listing. There is no explicit requirement to consider their setting but the NPPF does refer to applications that indirectly affect a NDHA. The locally listed buildings are much smaller in scale than the proposed dwellings however, there will be a reasonable distance between the new development and the cottages and there is some existing screening and there is the opportunity to require this to be retained and potentially improved so that the new development has a minimal impact on the setting of the locally listed cottages. Furthermore the NPPF requires LPA's to make a balanced judgement and in this instance the impact on the NDHA would be minimal so that, in relation to its impact on the built heritage assets, this application complies with the relevant policies of the NPPF. Conditions: Not applicable Patrick Walker: Senior Planning Officer – Planning Committee 19/06/2018 County Highways (received 18.08.2017) There are no objections on Highway grounds to the proposed development subject to the following conditions being included on any approval:- 1. The garages indicated on the approved plan shall be retained for the parking of motor vehicles and cycles. They shall at no time be converted to living accommodation without the prior express permission of the Local Planning Authority. 2. The development hereby permitted shall not be brought into use until the access drive, parking and turning areas have been provided in accordance with the approved plans.
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