Appeal by Gladman Developments Limited Land Off Melksham Road, Holt, Wiltshire
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Town and Country Planning Act 1990 –Section 78 Town and Country Planning (Development Management Procedure) (England) Order 2013 Town and Country Planning (Inquiries Procedure) (England) Rules 2002 Appeal by Gladman Developments Limited Land off Melksham Road, Holt, Wiltshire Against the Refusal Planning Permission By Wiltshire Council “Outline planning application for up to 98 dwellings with associated open space and landscaping, with all matters reserved except for access.” APP/Y3940/W/15/3063775 Rule 6 Statement of Case May 2015 Melksham Road, Holt Gladman - Rule 6 Statement of Case 1 Introduction .................................................................................................................. 3 1.1 Context.......................................................................................................................... 3 1.2 Case for the Appeal Proposals ......................................................................................... 3 2 Council’s Reasons for Refusal ..................................................................................... 11 2.1 Introduction ................................................................................................................. 11 2.2 Reason 1 and 2 ............................................................................................................ 11 2.3 Reason 3 ..................................................................................................................... 13 2.4 Reason 4 ..................................................................................................................... 14 2.5 Reason 5 ..................................................................................................................... 14 2.6 Reason 6 ..................................................................................................................... 15 3 Planning Conditions & Section 106 Obligations .......................................................... 16 3.1 Planning Conditions ...................................................................................................... 16 3.2 Section 106 Obligations ................................................................................................ 16 3.3 CIL .............................................................................................................................. 16 LIST OF APPENDICES Appendix 1 – Proposed Core Documents List Appendix 2 – Draft List of Planning Conditions Appendix 3 – Justification for the Inquiry Procedure 2 Melksham Road, Holt Gladman - Rule 6 Statement of Case 1 INTRODUCTION 1.1 Context 1.1.1 This Rule 6 Statement comprises the appellant’s ‘full statement of case’ against the refusal of Wiltshire Council (WC) to grant planning permission for an: “Outline application for up to 98 Dwellings with associated open space and landscaping with all matters reserved, except for access.” (application reference: 14/12109/OUT) 1.1.2 The planning application was registered by the Local Planning Authority on the 12th January 2015. The application was under determination for 13 weeks and was subsequently refused under delegated powers on the 10th April 2015. 1.1.3 A request for an EIA Screening Opinion was issued to WC on 12th January 2015 and the Council responded on 21st January 2015, confirming that the proposed development would be unlikely to have any significant effects upon the environment and was therefore not EIA development. 1.2 Case for the Appeal Proposals 1.2.1 The following statements are made in respect of the appeal proposals: Housing Need I. The proposal responds directly to the need identified within the Wiltshire Core Strategy to deliver, amongst other things, at least 42,000 (2,100dpa in Wiltshire) new homes up to 2026. II. It is a material consideration that the OAN (as acknowledged by the Core Strategy Inspector) is in the order of 44,000, and no specific constraints are identified which would prevent the delivery of this amount of housing. III. As a consequence of this, the Core Strategy Inspector endorses the Council’s proposed early review of the Core Strategy and SHMA in 2016 based on a new and up to date SHMA. IV. The Core Strategy Inspector provided that in the meantime the current target of 42,000 should be considered as a minimum figure, with the flexibility to deliver more. 3 Melksham Road, Holt Gladman - Rule 6 Statement of Case V. The appeal scheme is deliverable – it is precisely the kind of development that can help meet the full OAN. In this context, the figure of 42,000 must not be seen by any means as a ceiling to housing delivery. VI. Development in villages, such as Holt, which deliver an element of affordable housing, is also seen as important for addressing the critical issue of housing affordability in Wiltshire. The annual affordable housing need identified by the SHMA equates to 3,724 homes per annum; affordable need outstrips the planned provision of homes of all tenures planned for Wiltshire. The requirement for affordable housing is not being met in Wiltshire and there is currently no prospect of it being met. This failing is an important material consideration which the appeal proposals will serve to help address. Housing Supply VII. Housing provision in Wiltshire has been split between three different Housing Market Areas (HMA), which consist of North and West Wiltshire, East Wiltshire and South Wiltshire. Holt is included within the North and West Wiltshire HMA, which has a minimum housing requirement of 24,740 dwellings over the plan period. The Core Strategy provides that housing land supply should be assessed against Housing Market Areas. VIII. The Appellant will adduce evidence to show that North and West Wiltshire HMA cannot demonstrate the necessary five-year housing land supply. In the circumstances, and applying paragraph 49 of the Framework, policies relevant to the supply of housing are out-of-date. In such circumstances, the Framework requires at paragraph 14 that where policies are out-of-date, the presumption in favour of sustainable development is engaged. IX. Even if by the time of this appeal, North and West Wiltshire HMA achieve the minimum requisite five year housing land supply, the Framework sets a requirement for local authorities to maintain a rolling give year supply in order to “boost significantly” the supply of housing. The Framework does not suggest a five year housing land supply should be viewed as a ceiling on permissions or that harm will arise as a result of approving sites in sustainable locations that will result in more than five year supply. The housing requirement set out in the Core Strategy should be considered a ‘minimum’ and delivery of a rolling housing land supply is important to meeting the local market and affordable housing needs of Wiltshire. 4 Melksham Road, Holt Gladman - Rule 6 Statement of Case Wiltshire Core Strategy X. The Core Strategy Policy CP1 provides the settlement strategy which identifies four tiers of settlements. Holt is identified as a Large Village, where it is provided sustainable development will take place to help meet the housing needs of settlements and to improve employment opportunities, services and facilities. XI. Core Policy 2 provides the delivery strategy for Wiltshire. The supporting text to Policy CP2 states that Area Strategy figures are flexible and provide only indicative requirements, which should not be overly prescriptive or rigid which might otherwise prevent sustainable development proposals that can contribute to maintaining a deliverable five year housing land supply and help achieve the objectives of the Plan. XII. Policy CP2 provides that outside the defined limits of development, development will not be permitted. Policy CP2 states that development limits may only be altered through the identification of sites for development through a subsequent Site Allocations DPD or Neighbourhood Plan. XIII. It is acknowledged that the appeal proposals constitute a departure to Core Strategy Policy CP2, owing to the fact the proposals are located outside the existing development limits in the open countryside and have not been allocated through either the Site Allocations DPD or Neighbourhood Plan. However, in the circumstances that North and West Wiltshire HMA cannot demonstrate an adequate supply of housing, Policy CP2 is deemed out of date and should not be decisive in respect of the appeal proposals. XIV. Under Core Policy 7, Holt is included within the Bradford-on-Avon Community Area (CA), where it is provided that 780 dwellings will be delivered over the Plan period (2006-2026). The distribution is split between Bradford-on-Avon and the ‘remainder’ which includes: Holt, Winsley, Limpley Stoke, Monkton Farleigh, Staverton, Wingfield and Westwood. XV. Core Policy 7 must however be read in accordance with the provisions set out earlier in Core Policy 2, which provides that Area Strategy requirements are flexible and provide only an indicative approach which should not restrain Wiltshire’s ability to maintain a five year housing land supply and achieve the objectives of the Plan. Consequently, it is not the intention of the Core Strategy, to preclude housing development based on Area Strategy requirements. 5 Melksham Road, Holt Gladman - Rule 6 Statement of Case XVI. Whilst the Community Area requirements from Bradford-on-Avon CA are close to being achieved, additional housing development in Holt can help support the housing needs of other Community Area’s in North and West Wiltshire