Planning Services COMMITTEE REPORT
APPLICATION DETAILS
APPLICATION NO: 7/2011/0447/DM
FULL APPLICATION DESCRIPTION : Substitution of house types on 228 plots
NAME OF APPLICANT : Persimmon Homes
ADDRESS : Land at Spout Lane, Shildon, County Durham
ELECTORAL DIVISION : Shildon East
David Walker, Senior Planning Officer CASE OFFICER : 03000 261054, [email protected]
CONTEXT
1. Outline planning permission was first granted to develop the application site for residential development in 2006. At this time Theakston Estates Limited submitted three planning applications, which together were aimed at promoting a ‘comprehensive regeneration and development package for Shildon.’
2. The first application (2004/0468) related to the erection of 270 dwellings and the change of use of land to form 60 hectares of community land including play space, leisure trails, public art work and associated infrastructure improvements including improving the visibility at the Spout Lane/Middridge Lane, the partial widening of Spout Lane and the provision of a roundabout and a new T-junction on Spout Lane to service the residential development.
3. A second application (2004/0469) provided for the partial demolition of an Industrial Estate and formation of landscaped buffer zone at the former Direct Worktops factory, George Reynolds Industrial Estate, Shildon, while a third related application (2004/0470) sought permission for the provision of parking area and associated access at Locomotion the National Railway Museum at Shildon.
4. At the time of the decision in 2006 Members were of the opinion that the cumulative benefits arising from the three planning applications including the planting of the community woodland, the improvements to the appearance of the neighbouring industrial area, the highway improvements to Locomotion, National Railway Museum and the diversification of the housing stock were sufficient to outweigh the normal presumption against the development of this site which was outwith the defined settlement boundary of Shildon.
5. Conditional planning permission was therefore granted for the above applications subject to the completion of a legal agreement to ensure that works were carried out in an appropriate and timely manner.
6. The site was subsequently sub-divided with the North East Community Forest (NECF) taking on the responsibility for the community woodland elements of the scheme which included laying out and maintaining the open space and leisure facilities to service both the new housing and the wider community.
7. Persimmon Homes purchased the part of the site that had been allocated for residential development. Part of the legal agreement required the payment of a commuted sum, or housing levy, from each new household towards to maintenance costs of the neighbouring woodland planted in the community forest.
8. Substantial tree planting works have been carried out on site to form a community woodland, however, NECF which initially carried out these works has subsequently gone into receivership and the woodland area has been acquired by a third party London and Economic Properties (LEP). This change in ownership has led to significant uncertainty regarding the long-term maintenance of the woodland area. With this in mind it has been recommended that were this substitution of house types to be approved that the applicant enter into a new legal agreement, in order to ensure that either the long term maintenance of the community woodland can be secured in perpetuity, or alternatively, funding is secured to upgrade and improve alternative areas of open space elsewhere within Shildon, so as to ensure that the leisure and recreational needs of future residents are suitably provided for and to ensure that the wider recreational benefits for the local community promoted at the time of the original outline planning application are met by an alternative provision.
DESCRIPTION OF THE SITE AND PROPOSALS
9. The application site, which is broadly rectangular in shape and measures approximately 5.9ha, is located at the north eastern edge of Shildon. This parcel of land is located immediately to the east of Spout Lane, the area to the west of Spout Lane is made up of residential development.
10. East Thickley Farm Cottages and East Thickly Grange and the disused Thickley Quarry are located to the east of the proposed housing site. The existing railway line is situated to the south whilst the recently planted community woodland area is located to the north/north east. The application site was originally in agricultural use; however, significant works have taken place on site to reshape the existing hillside to facilitate development and to allow the estate road to be laid out.
11. Vehicular access to the proposed housing site would be taken from two points off Spout Lane. A new roundabout is to be laid out opposite the entrance to Hilsden Drive and a new T-junction is also proposed opposite Teesdale Walk. The existing bridle path serving East Thickley Farm Cottages and East Thickley Grange which bi- sects the site in an east-west direction would be retained within the proposed layout.
12. Planning permission is now being sought by Persimmon Homes to substitute the house types previously approved on 228 of the 270 plots within this scheme. The proposed alterations have resulted in part, from changes to the company’s generic house types and in response to demand from potential purchasers on other development sites. The layout has also been amended as to allow parking courts to be formed at the northern edge of the site thereby reducing the dominance of the car as viewed from the primary estate road and to provide a more rural inter face alongside the bridle path.
13. The area to be developed and the total number of houses within the development would remain unchanged at 270. It is proposed to erect some 24 house types within the estate. The proposed housing includes a mix of detached, semi-detached and rows of terraced housing including a mix of 2 and 3 storey housing and some split level properties to take into account the steep topography of the site.
14. A Design and Access Statement, Extended Phase 1 and Protected Species assessment and Draft Section 106 Agreement have been submitted in support of this planning application.
15. The application has been referred to the County Planning Committee because of the large scale of the proposed development.
PLANNING HISTORY
16. As highlighted above, the site has been the subject of several earlier planning applications which are of relevance to the current proposal.
17. Outline planning permission (2004/0468) was granted in September 2006 for 270 houses and the change of use of land to form 60 hectares of community land including play space, leisure trails, public art work, and associated infrastructure improvements.
18. Planning permission (2004/0469) was granted in August 2006 for the partial demolition of Industrial Estate and formation of landscaped buffer zone at the former Direct Worktops factory, George Reynolds Industrial Estate, Shildon.
19. Planning permission (2004/0470) was granted in August 2006 for the provision of a parking area and associated access at Locomotion at the National Railway Museum in Shildon.
20. Pursuant to the outline planning permission above, a reserved matters application (2008/0642) for the proposed 270 dwellings with details of appearance, landscaping, layout and scale was approved in October 2009.
PLANNING POLICY
NATIONAL POLICY
21. The Government has consolidated all planning policy statements, guidance notes and many circulars into a single policy statement, the National Planning Policy Framework (NPPF), although the majority of supporting annexes to the planning policy statements are retained. The overriding message is that new development that is sustainable should go ahead without delay. It defines the role of planning in achieving sustainable development via three topic headings – economic, social and environmental, each mutually dependant.
22. The presumption in favour of sustainable development set out in the NPPF requires local planning authorities to approach development management decisions positively, utilising twelve ‘core planning principles’.
23. The following elements are considered relevant to this proposal;
• An economic role seeks to contribute to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure; and
• A social role seeks support strong vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with its accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and
• An environmental role seeks to contribute to protecting and enhancing our natural, built and historic environment; and, as part of this helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.
24. Paragraph 14 of the NPPF sets out the presumption in favour of sustainable development. Paragraph 17 contains the 12 core land-use principles that planning should underpin decision taking. These include:
• proactively drive and support sustainable economic development to deliver homes, business and industrial units, infrastructure and thriving local places that the country needs;
• always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings;
• take account of the different roles and character of different areas, promoting the vitality of our main urban areas;
• actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable; and,
• take account of and support local strategies to improve health, social and cultural well being for all, and deliver sufficient community and cultural facilities and services to meet local needs.
25. Paragraph 49 states that housing applications should be considered in the context of the presumption in favour of sustainable development.
26. Paragraph 50 seeks to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities. This recognises the need to identify the size, type, tenure and range of housing required in a particular location, reflecting local demand and including provision for affordable housing where required.
27. Paragraph 56 states that the Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people.
28. Paragraphs 69 and 73 recognise that the planning system can play an important role in creating healthy inclusive communities and that access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well being of communities. This states that planning policies should be based on robust and up to date assessments of the needs for open space, sports and recreation facilities and opportunities for new provision. Information gained from the assessments should be used to determine what open space, sports and recreational provision are required.
The NPPF can be accessed at: http://www.communities.gov.uk/planningandbuilding/planningsystem/planningpolicy/planningpolicyframework/
REGIONAL PLANNING POLICY
29. The North East of England Plan - Regional Spatial Strategy to 2021 (RSS) July 2008, sets out the broad spatial development strategy for the North East region for the period of 2004 to 2021. The RSS sets out the region's housing provision and the priorities in economic development, retail growth, transport investment, the environment, minerals and waste treatment and disposal. Some policies have an end date of 2021 but the overall vision, strategy, and general policies will guide development over a longer timescale.
30. In July 2010 the Local Government Secretary signalled his intention to revoke Regional Spatial Strategies with immediate effect, and that this was to be treated as a material consideration in subsequent planning decisions. This position was challenged through the courts and the Court of Appeal ruled in May 2011 that the proposed abolition of Regional Spatial Strategies can be regarded as a material consideration when deciding planning applications. The following policies are considered relevant.
31. Policy 2 (Sustainable Development) seeks to embed sustainable criteria through out the development process and influence the way in which people take about where to live and work; how to travel; how to dispose of waste; and how to use energy and other natural resources efficiently.
32. Policy 3 (Climate Change) The RSS recognises that climate change is the single most significant issue that affects global society in the 21st century. Policy 3 will seek to ensure that the location of development, encouraging sustainable forms of transport, encouraging and supporting use of renewable energy sources, and waste management all aids in the reduction of climate change.
33. Policy 4 (Sequential Approach to Development) seeks to adopt a sequential approach to the identification of land for development to give priority to previously developed land and buildings in the most sustainable locations.
34. Policy 7 (Connectivity and Accessibility) seeks to promote the need to reduce the impact of travel demand particularly by promoting public transport, travel plans, cycling and walking, as well as the need to reduce long distance travel, particularly by private car, by focusing development in urban areas with good access to public transport.
35. Policy 8 (Protecting and Enhancing the Environment) seeks to promote measures such as high quality design in all development and redevelopment and promoting development that is sympathetic to its surroundings.
36. Policy 24 (Delivering Sustainable Communities) refers to the need to concentrate the majority of the Region’s new development within the defined urban areas, and the need to utilise previously developed land wherever possible.
37. Policy 30 (Improving Inclusivity and Affordability) sets broad requirements that, when considering development proposals, address the problem of local affordability in both urban and rural areas and have regard to the level of need for affordable housing.
38. Policy 38 (Sustainable Construction) sets out that in advance of locally set targets, major developments should secure at least 10% of their energy supply from decentralised or low-carbon sources.
The above represents a summary of those policies considered most relevant. The full text can be accessed at: http://www.gos.gov.uk/nestore/docs/planning/rss/rss.pdf
LOCAL PLAN POLICY :
39. Policy H19 (provision of a range of House types including affordable housing) seeks to ensure that affordable housing is provided within developments of 15 dwellings or more
40. Policy T1 (footways and Cycleway in Towns and Villages) seeks to ensure that safe, attractive and convenient footpath links are provided between residential areas and community facilities.
41. Policy L1 (Provision of Open space including Standards) seeks to secure the provision of sufficient levels of open space.
42. Policy L2 (Open Space in New Housing Development) sets out minimum standards for informal play space and amenity space within new housing developments of ten or more dwellings.
43. Policy D1 (General principles for the layout and design of new developments) requires the layout and design of all new developments to take account of the site’s relationship to the adjacent land uses and activities.
44. Policy D3 (Design for access) seeks to ensure new development makes satisfactory provision for all road users and pedestrians.
45. Policy D5 (Layout of new housing development) sets criteria for the layout of new housing developments.
46. SPG Note 3 (The layout of new housing) sets amenity/privacy standards for new residential development.
The above represents a summary of those policies considered most relevant. The full text, criteria, and justifications of each may be accessed at http://www2.sedgefield.gov.uk/planning/SBCindex.htm
CONSULTATION AND PUBLICITY RESPONSES
STATUTORY RESPONSES :
47. Shildon Town Council has no comment regarding this proposal.
48. Highway Authority has reviewed the proposed layout and originally made a number of minor comments in relation to the internal layout. An amended plan to this effect has been provided by the applicants.
49. Coal Authority initially objected to this proposal on the basis that insufficient information had been provided with the planning application to assess potential land stability issues arising from historic coal mining in this area. However, this objection was withdrawn following the submission of additional information outlining those measures already undertaken on site to treat shallow mine workings beneath the application site.
50. Environment Agency has no objection regarding this proposal.
51. Northumbrian Water has no objection regarding this proposal.
INTERNAL CONSULTEE RESPONSES :
52. Ecology Section has raised no objections to this proposal subject to the imposition of a planning condition securing the implementation of those mitigation measures detailed within ecology report submitted in support of this planning application.
53. Pollution Control Section has raised no objections to this application.
54. Arboriculture Officer has no comments regarding this proposal
PUBLIC RESPONSES :
55. This application has been advertised by the posting of site notices, a press notice and by neighbour notification letters. In response one representation was received from the occupant of East Thickley Farm. However, this response was primarily related to the on site operations during construction rather than the proposed house type substitutions itself.
APPLICANTS STATEMENT :
56. The applicant has submitted a detailed design and access statement in support of this planning application. This refers to the County Durham Strategic Housing Market assessment (SHMA) which identified that traditional terraced properties dominate the current housing offer in this area and identified a need to provide more detached 4 bedroom properties.
57. With 270 houses over the 8.8 hectare site this site provides an overall density of 30.6 dwellings per hectare although the density varies between the distinctive character areas within the development.
58. The design and layout of the proposed housing reflects the original characteristics of the Shildon on Track Design Code and is heavily influenced by the topography of the site and includes the four character areas based around the green edge at the north of the site fronting onto the community woodland, the spout lane frontage, an urban core and a contemporary edge along the southern boundary of the site fronting onto the railway.
59. That the proposals respond well to the context of the site, setting dwellings around the perimeter of the site which is substantially enclosed and contained by existing tree planting and new landscaping coming forward as part of this application.
60. That the site has been designed to provide a safe and convenient access for pedestrians, cycles and vehicles throughout the site but also to provide linkages from the site to the adjacent community woodland and community facilities in the area.
The above represents a summary of the comments received on this application. The full written text is available for inspection on the application file.
PLANNING CONSIDERATIONS AND ASSESSMENT
61. Having regard to the requirements of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the relevant saved local Plan policies, relevant guidance and all other material planning considerations, including representations received from consultees. It is considered that the key issues are the principle of the development, layout and design, impact on residential amenity, open space provision, highway safety, affordable housing and ecological implications.
Principle of Development
62. The National Planning Policy Framework (NPPF) sets out the Governments overarching objectives for the planning system, promoting sustainable development as a key objective, and in particular, paragraph 49 explains how housing applications should be considered in the context of the presumption in favour of sustainable development.
63. The principle of developing the site for residential purposes was first established in 2006. The detailed layout, which could be implemented, has already been agreed via the reserved matter application.
64. The site is well located in terms of public transport with the railway station in easy walking distance. This is also considered to be well located to access the retail and leisure facilities located at Shildon.
65. In summary, the development of the site for residential purposes has already been established, and in any event, it is considered that this site also represents a sustainable form of development which accords with the NPPFs presumption in favour of sustainable development and the locational strategy set out in the RSS.
Layout and Design
66. The NPPF and Local Plan Policies D1 and D5 support new residential development where the layout and design of development takes account of the site’s natural and built features and it’s relationship to adjacent land uses, the design of the buildings and their spatial relationships to open spaces, landscaping and boundary treatment helps create a sense of place, provide a safe and attractive environment where they can achieve a satisfactory means of access and parking provision, satisfactory amenity and privacy for both the new dwellings and existing adjacent dwellings.
67. The proposed substitution of house types involves 228 of the 270 dwellings within this site. The vast majority of the proposed changes involve the direct substitution of one house type with a replacement dwelling. The two access points the roundabout from Spout Lane opposite Hilsden Drive and the proposed T junction forming secondary access remains unchanged, as does the layout of the main estate road.
68. However, the housing layout has been redesigned slightly at the northern section of the site so that the car parking for the large detached housing is served by a series of rear parking courts. This arrangement allows the car parking areas to be set back and screened from views from the main estate road. The other main change to the layout relates to the treatment of the housing on either side of the bridle path, which runs through the site from Spout Lane to the west to East Thickley Cottages to the east. Originally, this part of the site was designed with the new housing facing directly onto the bridle path with the house frontages in close proximity to one another overlooking this area. Following detailed consideration an alternative approach has been suggested so that the bulk of the housing has been re-orientated and additional landscaping has been provided on either side of the bridle path to give this approach a more open and rural character than that previously detailed in this area. This revised design solution is considered satisfactory. Amendments have also been introduced to the housing flanking either side of the proposed roundabout. Although the design of the house types has been altered these three storey town houses remain to provide a key gateway feature at the estate entrance.
69. The proposed alterations are considered to be acceptable and accord with the principles of development set out within the Shildon on Track Design Code. In order to ensure that this remains the case in relation to the more contemporary and prominent units adjacent to the railway line and Locomotion, the National Railway Museum, at the southern end of the site, it is considered appropriate to remove permitted development rights for extensions.
70. The proposed housing would be constructed from a mixture of building materials including red brick and slate roofs on the green edge, a varied palette of materials would be utilised on the Spout Lane frontage and Urban Core, whilst render and horizontal panelling are to be utilised to create added interest and a more contemporary appearance for those dwellings located along the southern edge of the site.
71. The proposed substitution of house types and associated works are therefore considered to respect the Shildon on Track Design code and it is considered that the proposals comply with design principles set out in the NPPF, RSS Policy 8 and Policies D1 and D5 of the Local Plan.
Impact on residential amenity
72. Local Plan Policies D1 and D5 and Supplementary Planning Guidance Note 3 (SPG3) seek to make provision for adequate privacy and amenity and standards for existing and proposed dwellings when assessing new residential development through establishing minimum separation guidelines.
73. It is considered that suitable regard has been given to the layout and orientation of the proposed properties in order to safeguard the privacy of the existing householders living adjacent to the application site at East Thickley Cottages and those properties located to the west of Spout Lane.
Open space provision
74. The scheme originally granted outline planning persist sought primarily to provide the community woodland as an area to meet the demand for recreation and leisure facilities generated by residents of the new housing, in accordance with Polices L1 and L2 of the Local Plan, as well as providing much improved recreation and leisure facilities for existing residents. The improved facilities for informal recreation offered within the community woodland were seen to be a significant material consideration at the time that the original outline planning permission was granted.
75. The s106 agreement pursuant to the original planning permission sought to ensure both the delivery and the subsequent maintenance of the community woodland, and North East Community Forests (NECF) were party to the agreement for that purpose. A significant financial contribution from the developer of the residential part of the scheme was made to ensure that the woodland planting and other works were undertaken, and although not immediately apparent from the site’s periphery, a substantial amount of the originally envisaged planting has been undertaken. A number of other works including play equipment and the laying out of footpaths remain unimplemented. A further integral part of the agreement was the provision of a housing levy whereby prospective occupiers of the residential dwellings would contribute £100 annually per household to the management and maintenance of the woodland. The housing levy and the relevant covenants regarding management and maintenance would still be enforceable against the dwellings unaffected by this application, and the new owners of the community woodland, London and Economic Properties (LEP). A new agreement is therefore considered necessary in granting a new planning permission in order that the housing levy would be payable by all 270 dwellings, thus ensuring that the ongoing management and maintenance is carried out, as plainly the level of housing levy payable by unaffected plots only would not be sufficient for that purpose.
76. To this end, extensive negotiations have taken place with the new landowner, LEP, and Permission Homes to deliver a new s106 legal agreement which secures the provision of the housing levy and its use for the long-term management and maintenance of the community woodland. The agreement would also include covenants relating to a local labour agreement and the provision of landscaping improvement works on land at South Shildon Gateway.
77. However, in the event that LEP are not willing to enter into the s106 legal agreement either in a reasonable timescale or on the basis that they cannot now enter into the agreement on the basis of some unforeseen circumstances, Officers have negotiated a potential fall-back position, to enable the application subject of this report to progress and Persimmon to be able to develop the site for which they have an extant permission, albeit with a range of substituted house types. The fallback position would, in the event that the agreement is not entered into by LEP within 8 weeks of the application being considered by Members of the County Planning Committee, provide a commuted sum of £50,000 towards the maintenance of the community woodland for use in addition to those monies received by LEP through the housing levy. This would be achieved by a Section 106 planning obligation between Persimmon Homes and the Council. Whilst it is fully acknowledged that this is not the preferred option in terms of securing the longer-term management and maintenance of the community woodland, it is considered that it would be unreasonable to withhold planning permission for the substitution of house types due to the actions of a third party.
78. Whilst the new legal agreement seeks to control matters in terms of the housing levy and how the community woodland will be managed and maintained in the future, it does not address the shortfall in the implementation of the approved landscaping and infrastructure works, including play equipment and footpaths. In order to address this matter, Persimmon Homes have offered a financial contribution of £150,000 by way of a unilateral undertaking towards the implementation of the outstanding works. The contribution would be provided to the Council as opposed to the landowner, LEP. This would enable two outcomes. Firstly, it would enable the Council to agree with LEP the required outstanding works and their implementation in the event that LEP are willing to carryout the works, and secondly, in the event that the Council is not able to agree the implementation of the outstanding works with LEP, it enables, the financial contribution to be utilised towards the provision and upgrading of improved recreational facilities in the area with a further sum be provided towards the ongoing maintenance of these facilities. A detailed assessment of existing facilities undertaken as part of the Open Space Needs Assessment identified an existing shortfall of both play space and semi-natural green space in Shildon, and this could be addressed through the unilateral undertaking.
79. In conclusion, the new legal agreement will ensure the ongoing management and maintenance of the community woodland its public accessibility using the housing levy from prospective residents of the housing scheme, and the significant financial contribution offered by the applicants will either ensure the implementation of the outstanding landscaping and infrastructure works at the community woodland or will provide or improve recreational facilities in the vicinity of the site thereby meeting an identified shortfall in such provision.
Highway safety
80. The original outline planning permission sought through the legal agreement to deliver a number of highway improvements including a new roundabout at the southern end of Spout Land as the main access to the residential development, the widening/realignment of Spout Lane, a T-junction access to the residential development at the northern of the site and improvements to the junction of Spout Lane with Middridge Lane. The works were secured by way of a legal agreement as the works involved the use of third party land as opposed to being in the control of the applicant or within the highway. The works required now are wholly within either the highway or Persimmon Homes’ control and can therefore be secured by way of a Grampian style planning condition and can be linked to the occupation of dwellings on the site. The new legal agreement referred to above need not make provision for the delivery of off-site highway improvements.
81. The proposed substitution of house types has not altered the number of units within the scheme and the Highway Authority are satisfied that the road network can, with the highway improvements referred to above, cater for the additional traffic. The modified layout is considered to be satisfactory and these proposals are considered to accord with Policies D1, D3 and D5 of the Local Plan.
Affordable Housing
82. The provision of affordable housing where a need has been identified is encouraged through Local Plan Policy H19 and the County Durham Strategic Housing Market Assessment (SHMA). For developments of this size, 15% affordable housing would normally be required to be provided in this area.
83. However, at the time that the outline planning application was considered in 2006, an analysis of the housing market in this area showed Shildon to be made up from a large proportion of older terraced properties and a significant number of local authority owned housing. A key aspiration of the Shildon on Track development was to help regenerate Shildon, and to encourage new investment by diversifying the existing housing stock and encouraging higher value properties to be built. As such, no affordable housing was identified for provision within the development.
84. The aims and objectives of the Shildon on Track development scheme remain valid today and the existing planning permission for the 270 dwellings already approved on the site does not include any provision towards affordable housing, and as such, it is considered that it would be unreasonable on the basis of an application to substitute house types, to now insist on the provision of affordable housing as part of the scheme or by way of a contribution towards off-site provision. In terms of the objectives regarding housing stock diversification, it is noted that the scheme proposes that around half of the dwellings would be detached and at least half would have four or more bedrooms, thereby ensuring that the key aim of diversifying the housing stock in Shildon is maintained.
Ecology
85. Paragraph 109 of the NPPF state that the planning system should contribute to and enhance the natural and local environment and minimise the impact on biodiversity. The presence of a protected species is a material consideration when considering a development proposal that, if carried out, would be likely to result in harm to the species or its habitat. With this in mind an extended phase 1 and protected species study has been carried out by the applicant and submitted for consideration. The Ecology Section has reviewed this assessment and has raised no objections to the proposal, subject to a condition being attached requiring the vegetation clearance works to be carried out outside the bird breeding season and minimising light spill. It is considered that subject to adherence to the proposed ecology condition, the proposals would not have significant affects on biodiversity and the application would be considered to satisfy the provisions of the NPPF in this regard.
CONCLUSION
86. The principle of residential development was established in 2006 and the detailed design and layout of the housing agreed via reserved matters approval in 2009.
87. The proposed scale and layout of the proposed substitution of house types is considered to comply with the Shildon on Track design code. Furthermore, with no detrimental impact upon highway safety, residential amenity or ecology the proposed substitution of house types and associated works is considered acceptable and approval of the application is recommended. However, this recommendation is subject to the completion of a Section 106 legal agreement to secure the management and maintenance of the community woodland through the provision of a housing levy and the provision of a financial contribution by way of a unilateral undertaking towards the implementation of either the outstanding landscaping and infrastructure works on the community woodland or the improvement or provision of recreational facilities off site. Alternatively, in the event that the LEP do not enter into the legal agreement within a reasonable timescale, that an alternative Section 106 planning obligation towards the maintenance of the community woodland and a unilateral undertaking for the same purpose as above, be accepted. This is reflected in the two recommendations for approval set out below. Conditions recommended for imposition reflect both the outline and reserved matters approval.
RECOMMENDATION
1. That the application be APPROVED subject to: the completion of a Section 106 legal agreement to secure the management and maintenance of the community woodland, local labour agreement and landscaping works at South Shildon Gateway; the completion of a unilateral undertaking to include a commuted sum of £150,000 towards the provision of improved recreational and leisure facilities within either the community woodland area or other site within the locality and to provide for the future maintenance of these facilities; and, subject to the planning conditions listed below.
2. That in the event that London and Economic Properties do not enter into the Section 106 legal agreement within a period of 8 weeks following the date of the Committee, that the application be APPROVED subject to the completion of a Section 106 obligation to include a commuted sum of £50,000 towards the maintenance of the community woodland, and a commuted sum of £150,000 towards the provision of improved recreational and leisure facilities within either the community woodland area or other site within the locality and to provide for the future maintenance of these facilities; and, subject to the planning conditions listed below.
Conditions
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.
2. The development hereby approved shall be carried out in strict accordance with the following approved plans:
Site Location Plan SL-000 Proposed Site Plan PLO1 Rev. G Burton Plans and Elevations BTSL-WD01 Chedworth Corner Plans & Elevations (CONTEMP) CDSL-WD07 Chedworth Plans & Elevations (SL) CHSL-WDO5 Chedworth Plans & Elevations (UC) CHSL-WDO1 Cherryburn Plans and Elevations (SL) CYSL-WDO5 Cherryburn Plans and Elevations (UC) CYSL-WD01 Clandon Plans and Elevations (UC) CNSL-WDO1 Clandon Plans and Elevations (CONTEMP) CNSL-WDO7 Coleton Plans and Elevations (CONTEMP) CESL-WD07 Cragside Plans and Elevations (UC) CGSL-WD01 Cragside Special Plans and Elevations (SL) CSSL-WD01 Greyfriars Plans and Elevations (CONTEMP) GSLF-WD07 Greyfriars Plans and Elevations (SL) GFSL-WD06 Greyfriars Plans and Elevations (UC) GFSL-WD01 Hanbury Corner Plans & Elevations HBCSL-WD01 Hanbury Plans and Elevations (SL) HBSL-WD05 Hanbury Plans and Elevations (UC) HBSL-WD01 Hatfield Plans and Elevatios (SL) HTSL-WD05 Hatfield Plans and Elevatios (UC) HTSL-WDO1 Hayden Plans and Elevations HDSL-WD01 Hilliard Plans and Elevations HLSL-WD01 Hilton Plans and Elevations (UC) HISL-WD01 Hitlon Special Plans and Elevations (UC) HSSL-WD01 Hogarth Plans and Elevations HGSL-WD01 Holland Plans and Elevations HOSL-WD01 Lewis Plans and Elevations LWSL-WD01 Lumley Plans and Elevations (SL) LYSL-WD05 Lumley Plans and Elevations (UC) LYSL-WD01 Marlborough Plans and Elevations (SL) MBSL-WD01 Roseberry Plans and Elevations (UC) RSSL-WD01 Rufford Plans and Elevations (UC) RFSL-WD01 Site Layout PL01 Souter Plans & Elevations (CONTEMP) SUSL-WD01 Souter Plans & Elevations (SL) SUSL-WD05 Souter Plans & Elevations (UC) SUSL-WD01 Turner Plans and Elevations TUSL-WD01 Waddesdon Plans and Elevations (UC) WDSL-WD01 Waddesdon Corner Plans and Elevations (SL) WDCSL-WD07 Waddesdon Corner Plans and Elevations (UC) WDCSL-WD01 Winster Plans and Elevations (CONTEMP) WS-WD07 Winster Plans and Elevations (UC) WSSL-WD01 Wycliff Plans and Elevations (UC) WYSL-WD01 Wycliff Special Plans and Elevations (UC) WSSL-WD01
Reason: To define the consent and to ensure a satisfactory form of development is obtained in accordance with Policies D1, D3 and D5 of the Sedgefield Local Plan.
3. Notwithstanding any details of materials submitted with the application no development shall commence above damp proof course level in each phase of the four character areas as defined within the Design and Access Statement dated October 2011 until details of the make, colour and texture of all walling including cladding and roofing materials have been submitted to and approved in writing by the Local planning authority. The development shall be constructed in accordance with the approved details.
Reason: In the interests of the appearance of the area and to comply with Policy D1 of the Sedgefield Borough Local Plan.
4. No development shall commence until a detailed landscaping scheme has been submitted to and approved in writing by the Local Planning Authority.
No tree shall be felled or hedge removed until the landscape scheme, including any replacement tree and hedge planting, is approved as above.
Any submitted scheme must be shown to comply with legislation protecting nesting birds and roosting bats.
The landscape scheme shall include accurate plan based details of the following:
Trees, hedges and shrubs scheduled for retention. Details of hard and soft landscaping including planting species, sizes, layout, densities, numbers. Details of planting procedures or specification. Finished topsoil levels and depths. Details of temporary topsoil and subsoil storage provision. Seeded or turf areas, habitat creation areas and details etc. Details of land and surface drainage. The establishment maintenance regime, including watering, rabbit protection, tree stakes, guards etc.
The local planning authority shall be notified in advance of the start on site date and the completion date of all external works.
Trees, hedges and shrubs shall not be removed without agreement within five years.
Reason: In the interests of visual amenity of the area and to provide a high quality of landscaping at this key vista into the site and to comply with Policy D5 of the Sedgefield Borough Local Plan.
5. All planting, seeding or turfing and habitat creation in the approved details of the landscaping scheme shall be carried out in the first available planting season following the practical completion of the development.
No tree shall be felled or hedge removed until the removal/felling is shown to comply with legislation protecting nesting birds and roosting bats.
Any approved replacement tree or hedge planting shall be carried out within 12 months of felling and removals of existing trees and hedges.
Any trees or plants which die, fail to flourish or are removed within a period of 5 years from the substantial completion of the development shall be replaced in the next planting season with others of similar size and species.
Replacements will be subject to the same conditions.
Reason: In the interests of visual amenity of the area and to comply with Policy D5 of the Sedgefield Borough Local Plan.
6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or in any Statutory Instrument revoking or re- enacting that Order with or without modification) no development falling within Class A-H Inclusive of Part 1of Schedule 2 of the said Order shall be carried out at Plot Nos. 17-37 (as identified on Drwg. No. PL01 Rev. G) without the prior written permission of the Local planning authority on an application submitted to it.
Reason: In order that the Local Planning Authority may exercise further control in this locality in the interests of visual amenity of the area and to comply with Policy D5 of the Sedgefield Borough Local Plan.
7. Any on site vegetation clearance should avoid the bird breeding season (March to end of August), unless the project ecologist undertakes a checking survey immediately prior to clearance and confirms that no breeding birds are present. The survey shall be submitted to and approved in writing by the Local Planning Authority prior to the removal of vegetation during the bird breeding season.
Reason: To conserve protected species and their habitat in accordance with Paragraphs 109 and 118 of the NPPF.
8. Details of the height, type, position and angle of external lighting shall be submitted to and approved in writing by the Local planning authority prior to the development hereby permitted being brought into use. The lighting shall be erected and maintained in accordance with the approved details.
Reason: To safeguard protected species and their habitat in accordance with Paragraphs 109 and 118 of the NPPF and in order to ensure that the lighting does not conflict with signaling in the area.
9. Prior to the commencement of the development details of the surface treatment and construction of all hard surfaced areas including Shildon Footpath 38 shall be submitted to and approved in writing by the Local Planning Authority. This shall including phasing details and this development shall be undertaken in accordance with the approved details.
Reason: In the interests of the appearance of the area and to ensure that the Shildon Footpath 38 is upgraded to facilitate pedestrian access and to accord with Policy D3 of the Sedgefield Borough Local Plan.
10. Before the dwellings hereby approved are commenced a scheme to minimise energy consumption on five dwellings within plots 17 to 37 shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include at least 10% decentralised and renewable energy or low carbon sources. Thereafter the development shall be carried out in complete accordance with the approved scheme prior to first occupation and thereafter retained in perpetuity.
Reason: In order to minimise energy consumption and to comply with RSS Policy 38.
11. The dwellings hereby approved shall not be brought into use until such times as the details for the demarcation of the crossing point and warning signage where Shildon Bridleway 40 crosses the proposed estate road have been submitted to and approved in writing by the Local Planning Authority. The installation of the approved measures shall be carried out in accordance with a phasing timetable to be submitted to and approved by the Local Planning Authority.
Reason: in the interests of highway safety and to comply with Policy D3 of the Sedgefield Local Plan.
12. Before the dwellings hereby approved are commenced a detailed scheme for the insulation of the interior of the new dwellings from external noise sources from the adjacent railway shall be submitted to and approved in writing by the local planning authority and thereafter implemented.
Reason: In order to prevent noise disturbance in accordance with Paragraph 120 of the NPPF.
13. No development shall take place unless in accordance with the mitigation detailed within the extended phase 1 and protected species assessment of Land at Shildon, County Durham (dated 24.11.11) including, but not restricted to adherence to vegetation clearance works, measures to minimise light spill in sensitive areas.
Reason: To conserve protected species and their habitat in accordance Paragraphs 109 and 118 of the NPPF.
14. No development in respect of any dwelling hereby approved shall be commenced until full details of highway improvements together with a programme for their implementation has been submitted to and agreed in writing with the Local Planning Authority and shall include the provision of a roundabout at the site entrance, the formation of a T-junction to serve the site, the re-alignment of Spout Lane, and improvements to the visibility splay at the junction of Spout Lane/ Middridge Lane. Thereafter the works shall be completed in accordance with the agreed scheme.
Reason: To ensure the dwellings hereby approved are served by a satisfactory means of access in the interests of highway safety and to comply with Policy D1 and D3 of the Sedgefield Borough Local Plan.
REASONS FOR THE RECOMMENDATION
1. The development of the site for housing has been approved previously and the substitution of house types and amendments to the layout are considered acceptable, and without causing significant adverse effects upon the character of the area, highway safety, residential amenity or ecological interests. As such the proposals are considered to comply with of Policies E15, L1, L2, D1, D2, D3, D5 and T1 of the Sedgefield Borough Local Plan 1996 (which is a saved plan in accordance with the Secretary of States Direction under paragraph 1 (3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004), and Policies 2, 4, 7, 24 and 38 of the North East of England Plan - Regional Spatial Strategy to 2021.
2. In particular the development was considered acceptable on balance having regard to the means by which the community woodland would be managed and maintained in the future through the requirement for a housing levy on future residents, and how the remaining works would be implemented or provision for recreation made elsewhere in Shildon.
3. The one representation received was concerned with site construction as opposed to the merits of the submitted scheme, and is not therefore overriding in the consideration of the application.
BACKGROUND PAPERS
Submitted Application Forms, Plans and Amended Plans Design and Access Statement Coal Mining Risk Assessment Protected Species Survey National Planning Policy Framework North East of England Plan Regional Spatial Strategy to 2021 (RSS) July 2008 Sedgefield Borough Local Plan 1996 Circular 11/95: Use of conditions in planning permission Responses from Shildon Town Council, Highway Authority, Environment Agency and Coal Authority Internal responses from Ecology Section, Pollution Control Section and Arboricultural Officer Public Consultation Response
Substitution of house types on 228 plots on land at Spout Lane, Shildon, County Durham (7/2011/0447/DM)
Planning Services This map is based upon Ordnance Survey material with the Comments permission o Ordnance Survey on behalf of Her majesty’s Stationary Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceeding. Durham County Council Licence No. 100022202 2005 Date 6 November 2012 Scale 1:2500