Development No weeks on Parish Ward Council Management day of Application1 Ref No committee Major F1200911388 711 3 Barkham, Barkham, development Finchampstead Finchampstead proposal North
Applicant Wokingham Borough Council Location Land opposite Rooks Nest Farm, Barkham Ride, Finchampstead Proposal Change of use of land from agriculture to Public informal Open space for the purposes of Suitable Alternative Natural Greenspace (Class D2 assembly and leisure use) and associated development including access, car park, footpath network and landscaping. Type Full PS Category' 6 all other largescale major developments Officer Emy Circuit
FOR CONSIDERATION BY Planning Committee on 19.08.2009 REPORT PREPARED BY Head of Development Management
SUMMARY The application is for the change of use of 18.5 hectares of agricultural land to informal recreational use. The proposal also includes provision of a car park, a network of footpaths and fencing to support the proposed use. The application has recently been amended to exclude an area to the east adjacent to Gilbert Way and Booth Drive that is existing open space.
The intention is for the Council to use the facility as a SANG (Suitable Alternative Natural Greenspace). The provision of SANGs is part of a strategy to prevent new development having an unacceptable impact on the habitats of internationally important bird species, which have been designated as a Special Protection Area. Without such provision new residential developments cannot be permitted within 5km of the Special Protection Area and this has implications for the Council's ability to deliver new housing in line with the strategy set out in the Submission Core Strategy. Whilst the purpose of the recreation space is important for the strategy, in planning terms the landscape implications are the main issues and the role of the land as a SANG is a benefit of the scheme to wider policy objectives.
PLANNING STATUS Countryside Green Gap Brook Farm Meadow Wildlife Heritage Site (wet rushy grassland) lies within the site The woodland copse at Gilbert Way is subject to a Tree Preservation Order (TPO 67411 994) Part of the site is liable to flooding (Flood Zone 2) Known badger setts in the vicinity
RECOMMENDATION GRANT PLANNING PERMISSION subject to the following conditions: 1. The development hereby permitted shall be begun before the expiration of three fears from the date of this permission.
2. This permission is in respect of the "Location Map", " Barkham Farms SANG Site 3oundaryUreceived 6/08/09 and Drawing Nos 239.0015.SKl Rev PI and 481BR01 -eceived by the Local Planning Authority on 8 July 2009; and "Landscape SchemelLayout (indicative)" dated 6/08/09 and Drawing 239.0015.200 Rev P2 received ,y the Local Planning Authority on 22 July 2009. The development hereby permitted shall be carried out in accordance with the approved details unless otherwise agreed in ~ritingby the Local Planning Authority.
3. Development shall not commence until a habitat management plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall nclude:
) Description and evaluation of the features to be managed; i) Ecological trends and constraints on the site that may influence management; ii) Aims and objectives of management; v) Appropriate management options for achieving aims and objectives; v) Prescriptions for management actions; ti) Preparation of a work schedule (including a 10 year project register, annual work plan and the means by which the plan will be rolled forward annually); vii) Personnel responsible for implementation of the plan; and viii) Monitoring and remediallcontingencies measures triggered by monitoring.
The plan shall be carried out as approved, unless otherwise agreed in writing by the Local Planning Authority.
4. No development (including site clearance) shall take place until full details of a badger contingency plan have been submitted to and approved in writing by the local planning authority. The plan shall include :
(a) Surveys of the established badger tracks by an agreed expert; and
(b) Details of appropriate mitigation measures should such tracks that are present cross any of the proposed fencing.
The plan shall be carried out as approved, unless otherwise approved in writing by the local planning authority.
5. Before any other part of the development hereby permitted is commenced, the vehicular access proposed shall be formed and provided with visibility splays shown on the approved drawing number 239.0015.SKl. The land within the visibility splays shall be cleared of any obstruction exceeding 0.6 metres in height and maintained clear of any obstruction exceeding 0.6 metres in height at all times.
6. The use hereby permitted shall not commence until the vehicle parking and turning space has been provided in accordance with the approved plans, unless otherwise agreed in writing by the Local Planning Authority. The vehicle parking shall not be used for any other purpose other than parking and the turning space shall not be used for any other purpose other than turning.
7. The use hereby permitted shall not commence until the access and car park have been constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.
8. Prior to the commencement of development bicycle parking details shall be submitted to and approved in writing by the Local Planning Authority and shall be implemented as approved.
9. No gates shall be erected at the vehicular access from Barkham Ride except in accordance with details which have been submitted to and approved in writing by the Local Planning Authority.
10. No development shall commence until details of the footpath network within the public open space shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the first use of the development and be retained at all times in the future.
11. No development shall commence until details of improvements to the linkages with the footpath network along Barkham Ride have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented in accordance with a timescale to be agreed and retained all times in the furture.
12. a) The works to comply with condition 10 shall not commence until a methodology for construction of the paths and a scheme (herein called the Approved Method statement for Arboricultural Works scheme) which provides for the retention anc protection of trees, shrubs and hedges growing on or adjacent the path has been submitted to and approved in writing by the Local Planning Authority; no development 01 other operations shall take place except in complete accordance with the approved protection scheme. b) No operations shall commence on site in connection with construction of the path (including any tree felling, tree pruning, soil moving, or any other operation involving use of motorised vehicles or construction machinery) until the tree protection works required by the approved scheme are in place on site. c) No excavations for services, storage of materials or machinery, parking of vehicles, deposit or excavation of soil or rubble, lighting of fires or disposal of liquids shall take place inside an area designated as being fenced off or otherwise protected in the approved scheme. d) The fencing or other works which are part of the approved scheme shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.
13. No development shall take place until full details of both hard and soft landscape proposals have been submitted to and approved in writing by the Local Planning Authority. These details shall include, as appropriate, proposed finished floor levels or contours, means of enclosure, car parking layouts, other vehicle and pedestrian access and circulation areas, hard surfacing materials and minor artefacts and structure (e.g. furniture, refuse or other storage units, signs, lighting, external se~ices,etc). Soft landscaping details shall include planting plan, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants, noting species, planting sizes and proposed numbersldensities where appropriate, and implementation timetable. All hard and soft landscape works shall be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with the timetable agreed with the Local Planning Authority. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved.
14. Before the use hereby permitted is commenced details of all fencing and other means of enclosure shall first be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first use of the site or phased as agreed in writing by the Local Planning Authority. The scheme shall be maintained in the approved form for so long as the development remains on the site.
15. Before the development hereby permitted commences a landscape management plan, including long term design objectives, management responsibilities, timescales and maintenance schedules for all landscape areas, other than privately owned, domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as approved.
16. Prior to commencement of the use of the site as a public open space a strategy for management of waste including dog faeces shall be submitted to and approved in writing by the Local Planning Authority and the approved strategy shall be operated in perpetuity.
17. Prior to commencement of the use of the site as a public open space signage shall be erected in accordance with details which have been submitted to and approved in writing by the Local Planning Authority.
18. Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include details of how the scheme shall be maintained and managed after completion.
19. There shall be no raising of existing ground levels on the site within the area of the site liable to flood.
20. No development shall commence until details of a scheme for external lighting within the open space have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details and retained at all times in the future.
Reasons
1. In pursuance of s91 of the Town and Country Planning Act 1991 (as amended by s51 of the Planning and Compensation Act 2004).
2. To ensure that the development is carried out in accordance with the approved details.
3. To ensure the proposed open space meets the requirements for a Suitable Alternative Natural Greenspace. Relevant Policies: South East Plan policy NRMG and Submission Core Strategy policy CP8.
4. To ensure the proposal does not have an adverse impact upon this protected species. Relevant Policies: PPS9: Biodiversity and Geological Conservation
5. In the interests of highway safety and convenience. Relevant Policies: Wokingham District Local Plan Policy WT7 and Submission Core Strategy policy CP6.
6. To ensure a satisfactory form of development and to avoid adverse impact on the public highway in the interests of highway safety. Relevant Policies: Wokingham District Local Plan Policy WT6 and Appendix 8 and Submission Core Strategy policy CP6.
7. In the interests of highway safety and convenience. Relevant Policies: Wokingham District Local Plan Policy WT7 and Submission Core Strategy policy CP6.
8. In order to ensure bicycle parking facilities are provided and encourage use of sustainable modes of travel. Relevant Policies: PPG13 Transport and Submission Core Strategy policy CP6.
9. In the interests of highway safety and visual amenity Relevant Policies: Wokingham District Local Plan Policies WOS3, WT7. Submission Core Strategy Policy CP6 and South East Plan Policy CC8.
10. To ensure appropriate pedestrian access within the site. Relevant Policies: Wokingham District Local Plan Policies WBE3, WT2, WT7 and WT8; Submission Core Strategy Policy CP6 and South East Plan Policy CC8.
I1 To ensure appropriate pedestrian access to the site. Relevant Policies: South East Plan Policies C6, NRMG and CC8; PPS9: Biodiversity and Geological Conservation and PPS25: Development and Flood Risk. 12. To secure the protection, throughout the time that the development is being carried out, of trees, 'shrubs or hedges growing within or adjacent to the site which are of amenity value to the area. Relevant Policies: Wokingham District Local Plan Policies WOS3 and WBE5 and PPSl Delivering Sustainable Development.
13. In the interests of visual amenity. Relevant Policies: Wokingham District Local Plan Policies WOS3, WLL4 and WBE5 and PPSl Delivering Sustainable Development.
14. To safeguard the visual amenities of neighbouring properties and the locality. Relevant Policy: Wokingham District Local Plan Policy WOS3.
15. . In order to ensure that the approved landscaping is satisfactorily maintained. Relevant Policies: Wokingham District Local Plan Policies WOS3 and WBE5 and PPSl Delivering Sustainable Development.
16. In the interests of biodiversity and the rural character of the area. Relevant Policies: Wokingham District Local Plan WCCI, Submission Core Strategy CP11, South East Plan Policy NRM5 and PPSZ, Sustainable Development in Rural Areas and PPS9: Biodiversity and Geological Conservation.
17. To encourage use of the site for its intended purpose and protect the rural character of the area Relevant Policies: Wokingham District Local Plan Policies WOSI, WOS3, WCCI, WRII and W2; South East Plan Policy NRM6; Submission core Strategy Policy CP8 and PPS7, Sustainable Development in Rural Areas.
18. Reason: to prevent increased risk of flooding Relevant Policies: PPS25: Development and Flood Risk
19. To prevent the increased risk of flooding due to impedance of flood flows and reduction of flood storage capacity. Relevant Policies: PPS25: Development and Flood Risk
20. To safeguard the visual amenities of the area and in the interests of crime prevention. Relevant Policy: Wokingham District Local Plan Policy WOS3. lnformatives
1. The development accords with the policies contained within the adopted I emerging development plan and there are no material considerations which warrant a different decision being taken.
2. You are advised, in compliance with The Town & Country Planning (General Development Procedure) (England) (Amendment) Order 2000, that the following policies andlor proposals in the development plan are relevant to this decision: The South East Plan Policies CC8, T2, T4, NRM4, NRM5, NRMG, NRM7, C4, C5, C6 Wokingham Borough Local Plan WOSI, WOS3, WOS4, WOS5, WCCI, WLL4, WNC5, WNCG, WNC7, WBE3, WBE4, WBE5, WHE3, WR11, WR18, Wr2, WTG., WT7, VVT8, Wr9
Submission Core Strategy Policies CPI, CP3, CP4, CP6, CP7, CP8, CP11, CP12, CP13, CP18
PPSI : Delivering Sustainable Development PPS7: Sustainable Development in Rural Areas PPS9: Biodiversity and Geological Conservation PPGI 3: Transport PPS25: Development and Flood Risk
PLANNING HISTORY
A Report to Executive on 19 February 2009 established the Council's approach to the provision of SANGs: the application site is one of two identified in the report as having capacity and being capable of fulfilling the Natural England requirements for SANGs. A copy of the report is attached.
SUMMARY INFORMATION
Site Area 18.5 hectares Previous land use agricultural Proposed floorspace of each use(s) D2 assembly and leisure Number of jobs createdllost none Existing parking spaces none Proposed parking spaces 25
CONSULTATION RESPONSES
Development Plans The proposal is acceptable in principle. Landscape Officer No objection subject to conditions to secure a detailed landscaping scheme and a landscape management plan (Conditions 12, 13 and 15) Access and No objection subject to conditions to secure access parking, Movement turning, cycle parking and drainage of the car park (Conditions 5- 10) Public Rights of The proposed footpath links should link into existing public rights Way Officer of way. These can be dedicated as public rights of way. (Condition 11) Ecologist No objection. The proposal is likely to enhance local biodiversity due to management of the wildlife heritage site and establishmeni of native woodland. Recommends conditions to secure a management plan for the SANG and a survey of badger tracks and measures to prevent these being obstructed (Conditions 3 and 4) Environment No objection subject to conditions to secure a surface water
Agency , drainage scheme and to prevent raising of ground levels in the area liable to flooding (Condition 18 and 19). Natural England No objection. A comprehensive management plan will need to be agreed with Natural England before the site can be used within the Council's emerging Avoidance and ,Mitigation Strategy (see Condition 3). Wildlife Trust No comments received Crime Prevention No comments received Design Advisor Barkham Parish Object - Commeots attached to report. Council Finchampstead No comments received Parish Council
Crime prevention Planting and lighting details required together with a management design Service plan for the park in the interests of crime prevention and safety. (conditions 12 and 20) The Wildlife Trust Broadly supportive subject to conditions securing a ~ana~ement Plan (condition 15), Monitoring to assess the impact on the SPA (outside the remit of this application) and Timing ( provision of the SANG - no relevant to this application).
REPRESENTATIONS Badgers Trust Disputes the applicant's comments about Badger and Dogs as Dogs can often attack and kill Badgers. Concern about danger and vandalism associated with the POS and impact on Badgers. Examples given. 45 Letters of Objection have been received
The main objection is as follows:-
A substantial number of residents fully support the proposal for a country park but object to the proposed footpath access from Booth Drive & Gilbert Way and the inclusion of the woodedlforest area on the following grounds:-
- The access roadlpath off Gilbert Way will lead to a significant and dangerous increase in traffic and car parking on Gilbert Way, Booth Drive and Nash Grove Lane - Roads on the estate are not adequate to accommodate increased traffic - Both Booth Drive & Gilbert Way are currently quiet residential areas with no through traffic, either pedestrians or cars and children play in the road - Increased traffic along Booth Drive will cause blind spots for drivers and pedestrians and impact on safety -Additional traffic will obstruct access for emergency vehicles, dustbin collection and deliveries in the area - Destruction of wildlife habitat - ~eservaiionsabbut the inclusion of footpaths in the forest area (Nashgrove Forest) uhere there are badgers - a protected species -There are a large group of badgers whose setts are predominantly in the woodland, but who roam, feed and forage over a much wider area, including the fields opposite Rooks Nest Farm and the proposed SANGS. -The car park, access roadslpaths and other intrusions and disturbances by dogs and increased human activity would encroach on the badgers territory to an unacceptable degree - The Council should have conducted a full Environmental,Impact Assessment for this project and made this report public to assess the effect of the project on the badger sett and any other fauna and flora within the project area -The Design and Access Statement July 2009 produced by Wokingham Borough Council makes no mention at all of the badgers and their active use of the woodland - It is understood that land surrounding badgers setts has to be left for at least 10 years after any evidence of badgers habitation or existence -the creation of park accesses, laying down of paths and associated footfall and work would be disruptive to the badgers territory -Inclusion of woodland which is home to many deer and is not an essential part of the proposed parkland - Proposed access from this quiet residential neighbourhood will threaten the safety of local children, cause noise and disturbance to local residents, increase anti social behaviour and generally reduce the quality of life of local people - Fear of fires and other undesirable behaviour close to our homes (particularly in the forest) - The SANGS project should include a full Health Safety and Environmental Risk Assessment and include consultation with the Police and other emergency service providers and which should be made public - Potential for increased crime within the housing development -The objective of the proposed SANG is primarily to attract dog walkers away from the SPA'S which are designed to protect 3 endangered bird species. The proposals expect these dog walkers to travel by car from up to 8km radius therefore there is no need for any footpath access from Gilbert Way - No reference is made in the planning document to the special clauses that are imposed in the land deeds that are imposed on all residents as purchasers of the original estate - The original notification of the planning application, dated 9 July did not indicate that there would be pedestrian access to Gilbert Way & Booth Drive - Dissatisfaction with the late disclosure of information regarding the footpath access from Gilbert WaylBooth Drive - The proposed park is unnecessary as there are other parks and walking facilities in the locality, notably Waverley and California Country Parks -There are many rare and endangered reptiles and amphibians, plus bats, owls and a large variety of additional animal life, birdlife, insects and plants which will be adversely impacted by the proposed plans -Council's cost saving trial of part street night lighting to save energy includes some of the lights in the vicinity of the proposed entry - Issue of cost of developing this site on something we do not want or need -The planned Pedestrian access based on extending the pavement on Barkham Ride i: not sufficient as a point of access - Provision should be made for low-key supervision of the site to discourage bonfires, organised parties etc - Details requestedrelating to no charges for car parking at the recommended car park, no revenue to be obtained from the use of the land, provision for overflow parking, types of parking barrier, locking up of the car park and plans for 24 hour responsibility, advertising and signage for the proposed open area, paths to be made legal rights of way, park opening and shut times, responsibility for its control, enforcement and implementation. - Not all residents that will be directly affected were notified of this application -The planning application notices were not placed at the boundary of the land in question which would have been visible to all. The site notice was placed on thefence of a property not associated with the application across the other side of a junction, from the area of the land affected -The pavement should be continued along Barkham Ride to the main entrance - Permissive paths should be sought to join the path from Barkham Church to Edneys Hill and to Nashgrove Lane near Waverly Field. This would enable walk from California to Barkham Ride, the SANG, Waverley Field, the MoorslSandmartins, Pine Drive, Heath Ride, Wick Hill Lane, Church Lane and back to California., with links to the Doles Lane footpath network (see paragraphs 27-35 below and condition 10).
Further consultation has been undertaken following the submission of amended plans to remove an area of existing open space to the east. Additional comments will be included in the update sheet.
APPLICANTS POINTS The proposal complies with the Natural England requirements for SANGs.
The proposed 18.5 hectare SANG could provide mitigation for up to for 1,000 new households (based on an average household size of 2.55 people) within a 5km catchment area and for developments of up to nine dwellings (net gain) that are within 5km form the Special Protection Area but further from the SANG. There would also be scope to mitigate for larger developments within 7km of the Special Protection Area and 5km of the site
PLANNING POLICY The South East Plan Policies CC8, T2, T4, NRM4, NRM5, NRM6, NRM7, C4, C5, C6
Wokingham Borough Local Plan WOSI, WOS3, WOS4, WOS5, WCCI, WLL4, WNC5, WNC6, WNC7, WBE3, WBE4, WBE5, WHE3, WR11, WR18, W2,WT6., WT7, WT8, WT9
Submission Core Strategy Policies CPI, CP3, CP4, CP6, CP7, CP8, CP11, CP12, CP13, CP18
PPSI: Delivering Sustainable Development PPS7: Sustainable Development in Rural Areas PPS9: Biodiversity and Geological.Conservation PPG13: Transport PPS25: Development and Flood Risk BACKGROUND The Thames Basin Heaths S~ecialProtection Area is an internationallv, imoortant, nature conservation site, classified in order to protect three bird species that are rare across Europe - the Dartford warbler, nightjar and woodlark.
The Conservation (Natural Habitats &c) Regulations 1994 (as amended) apply the obligations of the EC Birds (791409lEEC) and Habitats (92143lEEC) Directives, which set out the way in which the Special Protection Area should be protected. Local Authorities must apply these regulations when assessing planning applications for new development. Development proposals which - alone or in combination with other proposals -would be likely to affect the Special Protection Area must be refused.
A particular threat to the integrity of the Special Protection Area is the popularity of the heathland habitats for informal recreation, in particular dog walking. Cumulatively new residential development could result in increased use of these areas, leading to deterioration of the habitat and ultimately a decline in the populations of the internationally important bird species.
Natural England in partnership with other bodies, including the relevant Local Planning Authorities, has developed a strategic approach called the Thames Basin Heaths Delivery Project. This sets out a three pronged approach to avoid and mitigate the impact of new development on the Special Protection Area. The three elements of the Delivery Project are:
i) Special Protection Area habitat management ii) Special Protection Area access management iii) Planning restrictions and off-site avoidance measures ' The Thames Basin Heaths Delivery Plan"
The Thames Basin Heaths Delivery Framework, South East Plan Policy NRM6 and Submission Core Strategy Policy CP8 require that applications for new residential development within 5km linear zone of influence be refused unless an appropriate assessment has demonstrated that the impact on the Special Protection Area can be avoided or mitigated. The impact can be avoided by the timely provision of Suitable Alternative Natural Greenspace (SANG). These are areas for informal recreation, intended to provide a more convenient and attractive alternative to the sites within the Special Protection Area for the occupants of new residential developments. This will deter them from visiting the Special Protection Area, thus avoiding the potential impact upon it. Mitigation measures, based on a combination of access management and provision of SANG, must be delivered prior to occupation and maintained in perpetuity: a minimum of eight hectares of SANG should be provided per 1,000 new occupants. Natural England have established criteria which recreation areas must comply with to achieve this objective.
While it is not material to the determination of this planning application the mechanism for implementation of the SANG is attached (Appendix 1). PLANNING ISSUES - The principle of development I 1.' The proposal. . is for use of the land for informal recreational which is acceotable in I principle in the Countryside subject to the impact on the rural character of the area (Wokingham District Local Plan Policy WCCl B), Submission Core Strategy Policy CPI 1 and PPS7, Sustainable Development in Rural Areas).
2. The primary purpose of the proposed SANG is to provide an alternative to the sites for informal recreation within the Special Protection Area and thus it would contribute to towards conserving sites of international nature conservation importance (European Sites), as required by South East Plan Policies NRM5 & NRM6 and Submission Core Strategy Policies CP7 & CP8.
3. The site is located on the western edge of the Category B SettlementIModest Development Location of Finchampstead North. To meet the requirements for a SANG the existing wet grassland at Brook Farm Meadow Wildlife Heritage Site and native woodlands would be retained and new ponds and native woodlands would be established. Public access would also be provided through a network of footpaths. Thus the proposal will improve the management of the countryside and biodiversity, protect and enhance woodland and provide opportunities for access to the countryside for informal recreational on the urban fringe, in compliance with South East Plan Policies C4, C5, NRM5 and NRM7, and Wokingham District Local Plan Policies WNC5, WNC6, WNC7 and WNC8. Bridleway Barkham 14 connects the site to California Country Park, some 700 metres to the south, so the proposal also fulfils the requirements of South East Plan Policy CC8, which seeks the provision of connected and substantial networks of accessible multi-functional green space.
4. The use of the land for informal recreation and the associated ancillary development area acceptable in principle in the Countryside subject to the detail discussed below from paragraph 6 onwards.
Other Planninq Policy Considerations 5. The reason for proposing the SANG is to provide infrastructure to mitigate the impact of residential development on the Special Protection Area, as required by the Habitats Directive, South East Plan Policy NRM6 and submission Core Strategy policy CP8 and South East Plan Policy NRM6. Submission Core Strategy Policy CP18 establishes that provision will be made for at least 13,230 dwellings within the borough in the period 2006-2026. The majority of these will be within the four Strategic Development Locations identified but 1,000 of will be provided on smaller sites yet to be identified. Provision of a SANG would enable proposals for residential development in otherwise appropriate locations within 5km of the Special Protection Area to be approved. Such development could otherwise be directed to other parts of the Borough, which may be less sustainable and less appropriate for development. Thus the proposed development will assist the Council in pursuing its wider housing strategy. While this is not determinative it is a positive outcome which weighs in favour of the proposal. However, the proposal is acceptable in principle on its own merits.
The impact upon the character of the area 6. Where development in the countryside is acceptable in.principle, it should be appropriate to its location (Wokingham District Local Plan Policy WCCl and submission Core Strategy policy CP1 I) and respect and enhance. the landscape character of the area ( Policy WLL4). Policy WR11 is concerned with development in the Countryside, " character of &e aiea and the proposal not resulting in unacceptable disturbance to the amenity of local residents of the surrounding area.
7. The application site lies in the Green Gap between Finchampstead North, Barkham and Arborfield Garrison Wokingham District Local Plan Policy WCC2 and Submission Core Strategy Policy CP13 establish that development will not be permitted in Gaps where it would have a detrimental impact on the physical and visual separation of towns and villages.
8. The Council's Landscape Character assessment classifies the area in which the application site lies as J2 - Arborfield and Barkham Settled and Farmed Clay. The site is on the edge of this area adjoining character area MI - Finchampstead Forested and Settled Sands. It is a predominantly flat to gently sloping landscape with large areas of rural farmland interspersed by settlements. Arable farming predominates with pasture on slightly higher ground and paddocks near settlements. The most notable characteristics include the Barkham Brook, the distinctive geometric field system, arable and pastoral fields, and a wide range of habitats. Hedgerow trees in field boundaries and particularly along roads, shelterbelts and small farm woods are important in maintaining rural character. The strategy for the area is to enhance the landscape character and retain elements of the landscape such as historic field systems, habitats, moats, rural lanes and 'wooded valleys.
9. The development associated with the use of the site would consist of the construction of the car park and footpath network, plus erection of stock proof fencing around the site.
10. The car parking would be located on the eastern site of the site, close to the settlement boundary. While it would be something of an urbanising feature on the urban fringe it is an essential feature of such a park and its appearance needs to be balanced against the benefit of the public open space. The use would also avoid built development in more open countryside in other parts of the borough. Although in terms of visual impact it would be desirable for the car park to be screened from the road, this must be balanced with the need for surveillance of the car park and legibility for prospective users. Good surveillance will contribute towards deterring car crime, which can be a problem in secluded rural car parks. Trees and hedgerow planting maintained at a height to allow surveillance of the car park by passing traffic are proposed on the southern boundary of the site with more substantial screening on the other three sides. The footpaths are proposed to be constructed in materials suitable to the rural character of the area: details of the surfacing of the paths and the car park will be controlled by Condition 10.
11. The fencing would be unobtrusive, of a type typically found in rural areas and would make the site secure for dog walking (Condition 14 refers).
12. The habitats available on site are fundamental to its acceptability as a SANG and the proposal includes establishment of two new areas of woodland, in addition to those which already exist on the site. The landscape strategy for the site would result in 60- 70% of the site being covered by woodland habitats. The indicative landscaping proposals submitted would be in keeping with and enhance the landscape character of the area, so would not harm the rural character of the area of the wider setting of the Barkham Area of Special Character. Condition 13 requires the indicative proposals to / be developed in more detail and implemented and Condition 15 requires a landscape nanagement plan.
The impact upon Residential amenity. 13. Built development would be limited to the construction of the car park and footpath ietwork, so the main impact of the proposal on occupants of nearby dwellings would be 'rom increased activity.
14. 31 Barkham Ride would be most affected due to its proximity to the car park. iowever, the dwelling is located over 20 metres from the application site boundary and s set back about 80 metre from the road, so neither the use of the car park nor the ncrease in traffic using Barkham Ride would result in excessive disturbance.
15. 10, 12, 16 Barkham Ride and Rooks Nest Farm are located on the opposite side of 3arkham Ride. All are set back at least 15 metres from the road, so the increase in raffic noise resulting from additional traffic and turning movements would not be so significant as to cause unacceptable disturbance. Properties further along this road ~ouldalso be affected to some extent by the increase in vehicular traffic but the road is already busy and this would not be so significant as to result in unacceptable harm to -esidential amenity or the rural character of the area.
16. The Council has received a number of objections from residents of Booth Drive and Silbert Way raising concerns about the potential additional noise and disturbance, traffic 2nd parking resulting from the proposal. This is primarily due to the existence of a Footpath link from Booth Drive through an area of existing open space to the application site. This element has now been removed from the proposal.
Ecoloqical impact of the proposals 17. The intention is that the proposed public open space would be used as a SANG. 4s such the proposal would assist in mitigating the impact on the Special Protection Area as required by South East Plan Policies NRM5 and NRMG together with Submission Core Strategy policies CP7 and CP8.
18 Development Plan Policies require the impact on wildlife to be considered when assessing development proposals. The nature conservation value of sites should be taken into account when assessing proposals for development and, where appropriate, the creation and future management of new wildlife habitats and corridors should be secured (South East Plan Policies CC8 and NRM5 and Wokingham District Local Plan Policies WNC5, WNC6, WNC7 and WNC8). The proposal will provide new habitats anc management of existing habitats, so would comply with these policies.
19 The proposed development would enhance local biodiversity due to establishment of new native woodland and management of the wildlife heritage site.
20 Brook Farm Meadow Wildlife Heritage Site supports valuable wet rush pasture, which requires annual grazing or hay cutting to maintain the ecological interest. It is proposed that the habitat will be maintained by hay cutting and there will be no tree planting within the Wildlife Heritage Site. Management of the SANG, including the wildlife heritage site, would be secured by Condition 3.
21 The proposal would result in increased activity in the vicinity of badger setts. However these have coped well since the development at Gilbert Way and Booth Close and the proposal would enhance their foraging habitats. Subject to a condition to prevent their tracks being obstructed by boundary fencing (Condition 4) the Ecologist is satisfied that the proposal would not adversely affect the local badger population
The need for an appropriate assessment 22 Where development could have an effect on the Special Protection Area an 3ppropriate assessment of the implications for the site's conservation objectives is !jenerally required. The first stage of the appropriate assessment is screening: if it can Ise established at this stage that the impact would not be significant or would be positive It is not necessary to carry out subsequent stages of the assessment. In this case the Isroposal would provide an alternative destination to the Special Protection Area, thus Ilaving a positive impact. Accordingly the proposal can be 'screened out' and there is I10 need to carry out subsequent stages of the appropriate assessment.
jFloodinq and drainaqe issues 23 The majority of the site lies within flood zone I,where the probability of flooding is Iow but a small part to the north of the site lies within flood zone 2, where there is Inedium probability of flooding. All forms of development area appropriate in Flood Zone 1 and Water Compatible uses, which include outdoor sport and recreation are appropriate in Zone 2. Although the overall site area is more than one hectare the Ideveloped area would represent only a small proportion of this. The Environment
1Agency has no objection to the proposals subject to conditions requiring approval of surface water drainage for the site (Condition 18) and preventing raising of ground Ilevels within the area liable to flooding (Condition 19).
Access and movement lrnpacf on the wider highway network 24 Based on the Council's visitor survey of existing public open spaces in the Borough an average of one visitorlhectarelhour (i.e. 20 trips per hour, with most cars being 1occupied by a single person) is anticipated but visitor numbers would vary through the week and seasonally. Peak visiting times would be early morning and evening on weekdays, and at weekends, reaching a maximum of 480 vehicle trips to the site per ,day on summer weekends. The increase in traffic using Barkham Ride would mainly be outside of peak traffic times and would not result in an adverse impact on the local highway network.
Vehicular access fo the site 25 Acceptable visibility (2.4 metres by 120 metres) can be provided at the entrance to the proposed car park from Barkham Ride without loss of trees or significant cutting back of the hedgerow. Therefore, there is no conflict with Wokingham District Local Plan Policy W7.
Car parkinq provision 26 One of the requirements for a SANG is to provide for predominantly car borne visitors and the proposed car parking provision of 25 spaces would meet peak demand and comply with the requirement of Submission Core Strategy Policy CP6 and Wokingham District Local Plan Policy WT6 to provide an appropriate level of parking. The layout of the car park is also acceptable.
Pedesfrian and cycle access - 27 Notwithstanding the requirement of the Thames Basin ~eathsdelivery plan, to provide for car borne access, development plan policy requires new development to provide choice and facilitate access by sustainable forms of transport, including by foot and cycle (Submission Core Strategy Policy CP6 and Wokingham District Local Plan Policies WBE3, WT2 and WT8).
28 The site is within walking distance of residential areas of Finchampstead . However, the existing footpath along Barkham Ride ends approximately 290 metres east of the proposed access. It is proposed to extend the footpath to the entrance to the SANG to facilitate pedestrian and cycle access for residents of this part of the settlement.
29 The scope for a path on the northern side of the road is limited due to the proximity to important trees but there is potential for a path to be constructed within highway land on the south side of the road. No details of the path have been provided at this stage. (Condition 10 refers). The construction and surfacing of the path should reflect the function of the path as part of an informal recreational footpath network, respect the rural character of the area and avoid harm to adjacent trees and as such its surfacing width and layout are likely to be informal.
30. The extended path would also connect with Barkham Bridleway 14 which runs south from Barkham Ride to California Country Park, where it links into the permissive footpath network in the Country Park, and continues west to join Commonfield Lane. The proposed footpath extension would connect the two areas of open space and provide opportunities for longer walks.
31. This is in accordance with development plan policies that seek to provide for access by foot and cycle as well as by car, the requirement of South East Plan Policy C6 that local authorities should maintain and enhance the Public Right of Way system and the objective of South East Plan Policy CC8 to provide a connected network or green spaces.
32. There is an existing pedestrian access from Booth Drive to the public open space a1 Gilbert WayIBooth Drive but this is extremely informal in character. An amended plan has been submitted that removes a proposed footway from within the site that was shown as linking to this access. Also, the footbridge linking the existing and proposed open space has been removed from the application which prevents access to the application site from Booth Drive and Gilbert Way through the existing open space.
33. Concerns have been raised by local residents that visitors to the SANG would park cars in the roads adjacent to this access. However, the proposal provides an appropriate level of car parking, with access from Barkham Ride and one of the requirements for a SANG is that there is no charge for car parking. Road signs would direct cars to the car park. In these circumstances it seems likely that the car park will be more attractive to those travelling to the site by car than informal on-street parking within a residential area.
CONCLUSION The proposed use for informal recreation is one that is acceptable in principle in the Countryside and the ancillary parking, footpath network and fencing would not have an unacceptable impact on the rural character of the area. Nor would the additional traffic associated with the use of the site result in significant harm to residential amenity or the character of the area. Furthermore, the provision of a SANG would assist the Council in meeting its wider housing strategy.
CONTACT DETAILS Service Telephone Email Development 01 18 974 6428 16429 [email protected] Manaaement Appendix I: Implementation of application F12009/1388 - Rooks Nest Farm SANG
The Executive of the Council at their meeting on 3othJuly 2009 agreed an Impact Avoidance Strategy (mini-plan) for the authority to enable the following schemes for residential development close to the Thames Basin Heaths Special Protection Area to proceed: a) any scheme delivering up to 9 dwellings net that is also within 5km (linear) of the Thames Basin Heaths Special Protection Area; or . b) any scheme that it within 5km (linear) of the proposed SANG at either Rooks Nest Farm or Simons Wood (depending upon which is delivered) that delivers at least one net additional dwelling and is within 5km (linear) of the Special Protection Area; or c) any scheme delivering at least 50 dwellings that it within both 5km (linear) of either SANG (depending upon which is delivered) and 7km (linear) of the Special Protection Area
In order to implement the SANG proposed through this planning application, the meeting of the Executive also agreed to support the necessary annual revenue and one-off capital growth bids (£36,000 and £220,000 respectively). This funding would only be available if planning permission was granted.
The Executive at this meeting also agreed that it would collect the £630 contribution per ' dwelling towards strategic access management and monitoring for the Special Protection Area.
Through the decisions of the Executive, the Council has agreed the principles of collecting contributions for SANG, access management and monitoring as required through policy NRM6 of the South East Plan together with policy CP8 of the submission Core Strategy. A template S106 agreement is included within the Impact Avoidance Strategy which will ensure that the costs of implementing the strategy are recouped from development. The template S106 ensures that the Council can be satisfied that the requirements of both The Conservation (Natural Habitats & c.) Regulations 1994 and Circular 0512005 are met. The lmpact Avoidance Strategy provides further information of how its implementation is likely to ensure the adverse significant impacts of residential development upon the Special Protection Area are avoided.
- ... Council
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Small Oaks Doles Lane -- i.. - Wokingham Berkshire
Emy Circuit Development Conttol Wokingham Borough Council
Date : 15" July 2009
Dear Miss Circuit,
Application Number Ei/2009/1388 Land opposite Rooks Nest Farm, Barkham Ride, Finchampstead Proposed change of use from agricultural land to suitable alternative natural green space (SANGSID'Z) and associated development including access, car park, footpath network and landscaping.
Barkham Parish Council is strongly opposed to this application.
The land in question is currently used as Council holdings for tenant farmers, the loss of this farm land is not justified as renting farm land is the only way for young people who are keen to pursue a career in fanning and who are unable to purchase a farm, to make a start.
The area due to its location and lack of amenities would appear to be for the sole use of dog walkers as there are no other recreational facilities provided. The Coombes, California Country Park and other footpaths aie within very close proximity where there is a huge area available for dog walking and therefore this area would seem to be unnecessary.
Also, when looking at the plans there are two footpaths proposed to Finchampstead hut none at all to Barkham, despite the fact that the land concerned is almost wholly within Barkham, and no proposed links to the proposed new development at Arborfield which would appear to be rather short sighted
Further, the Parish Council is of the opinion that if a SANG is needed to mitigate the effects of the proposed development at the Arbafield Ganisou, the obligation to provide it should be met at the expense of the MOD or its developer.
The Parish Council wish to see this land remaining for the use of the tenant farmers as was intended and therefore oppose this application.
Yours sincerely,
Judith Neuhofer Clerk to Barkham Parish Cowil Ref No No weeks on Parish Ward Listed by: day of Committee F/2009/1026 11113 Wargrave Remenham, Cllr John Wargrave & Kersley Ruscombe
Applicant Mr and Mrs Seagrim Location Beechbrook Residential Home The Holt, Hare Hatch, RGIO 9TG Proposal Proposed erection of 12 additional two storey residential units. TYpe Full PS Major (13 weeks) Category Officer Jon Bishop
FOR CONSIDERATION BY Planning Committee on 19/08/2009 REPORT PREPARED BY Head of Development Management
SUMMARY
This application proposes the erection of 12 independent living units in 2 buildings (all 2 bedroom) for elderly persons on land adjacent to an existing residential care home know as Beechbrook. Beechbrook is an established care facility with a capacity of 15 rooms and has been operating successfully for 20 years. Due to changes in care legislation the home is currently in operation with only 12 functioning rooms and the applicants have stated that the home needs to expand in order to ensure its long term viability.
This application is before the planning committee as it has been listed by Cllr John Kersley for the following, reason:
The reason for listing is that the applicant has stated that without approval the home will no longer be viable due to regulatory changes. Closure. will result in the loss of homes for around 13 elderly, vulnerable adults. The council has a stated priority to help vulnerable adults. If the application is refused there will potentially be a significant local social impact and therefore such a decision should be endorsed by the planning I committee.
PLANNING STATUS Green Belt Area of Special Landscape Importance (ASLI) Tree Presewation Order (TPO 2-1 967 TPO 1322) Green Route Adjacent to a Listed Building, Hare Hatch Grange (Grade II)
RECOMMENDATION That subiect to the following conditions it is recommended that planning- permission be 1 REFUSED for the fo~~owin~reasons, I 11. The proposed buildings by reason of their bulk and scale would have a harmful 1 the visual amenities of the area and the character, openness and appearance of the Green Belt. As such the proposal is contrarv to uolicies WOS3. WGBI and WGB4. of the Wokingham District ~bcaiPlan and ~ubkiissjonCore strategy Policies CPI, CP~, CP3, CP12 and PPG2.
2. By reason of potential for overlooking arising from the rear balcony and the side facing first floor window the development would be detrimental to the amenities of the occupiers of the adjoining property, contrary to Wokingham District Local Plan policy WOS3 and Submission Core Strategy Policy CP3.
3. It has not been demonstrated that the proposal would not have a detrimental impact on the health of protected trees which contribute to the visual amenity of the area. As such the proposal would be contrary to policies WOS3 and WBE5 of the Wokingham District Local Plan and Submission Core Strategy Policy CP3.
4. In the absence of a survey, it has not been demonstrated to the satisfaction of the Local Planning Authority that the proposed development would not have an adverse impact upon Bats, which are protected species. As such, the development would be contrary to Policy WNC4 of the Wokingham District Local Plan and Submission Core Strategy Policy CP7 and PPS9.
5. The proposed development by reason of its siting, bulk and scale would have an adverse impact on the setting of the adjacent Listed Building. As such, the development would be contrary to PPG15.
6. The proposal fails to make adequate provision for affordable housing either on site or through an off site financial contribution. As such the development would be contrary to Policy WH12 of the Wokingham District Local Plan.
7. The proposal fails to make satisfactory provision of adequate services, amenities and infrastructure needs and consequently would have an unacceptable adverse impact upon the amenities of the area. As such the proposal is contrary to policies WOS4, WR7, W1, VW3 and VVn of the Wokingham District Local Plan and Submission Core Strategy Policy CP4. / Informativer: 1. The Environment Agency have stated that they will have no objections to the proposed development provided a satisfactory Flood Risk Assessment is submitted to the Council which demonstrates that the planned works will not increase any risk of flooding in the area. ~n~ revised planning application or appeal submission should incorporate a suitable FRA.
2. The access to the site and the internal driveway will need to be widened in order to incorporate passing places. Any revised planning application or appeal submission should incorporate an amended plan which details a revised access and internal driveway. I PLANNING HISTORY Fl200812474 Proposed erection of 12 additional two storey residential units and demolition of existing bungalow. Withdrawn 19-02-2009
Fl1996163813 Single storey extension to form conservatory. Approved 10-06-1996
F/2001/4749 Proposed insertion of two dormer windows in roof to front of residential home. Approved 20-1 1-2001
39259 Demolition of carport and erection of extension to provide storeroom, baths and special care room. Approved 08-06-1992
38421 Single storey rear extension to provide bathroom. Approved 13-11-1991
SUMMARY lNF0,RMATlON Site Area 1.5 ha Existing units 15 Proposed units 12 Number of affordable units proposed 0 Density nla Previous land use Garden for residential care home Public Open Space proposed None Existing parking spaces 4 staff spaces towe 2 residents spaces Proposed parking spaces 0 additional staff spaces 9 additional residents spaces 3 visitor spaces
CONSULTATION RESPONSES
Objection, a bat survey needs to be submitted. Environmental No objection subject to a condition requiring a survey of the ground Health conditions to be carried out prior to commencement of development. Highways No objection subject to condition requiring improvements to be made to the site access (see informative number 2). Landscapeand No objection subject to suitable tree protection conditions. Trees Community Care Support the application, the proposal to provide 12 close Services carelextra care housing units for older people. . is in line with the Councils housing/care>trategy. Parish Council Objection, comments attached at the end of the report. Environment Agency No objection subject to the submission and approval (to the LPA) of a satisfactory Flood Risk Assessment (FRA). Thames Water No objection. Berkshire Fire and Fire Hydrant required Rescue Conservation and Objection, The proposed development will have an adverse impact Heritage on the setting of the adjacent Grade ll Listed Building, Hare Hatch Grange.
REPRESENTATIONS 24 letters of support for the proposed development from members of staff, existing residents relatives and members of the local community have been received stating the following:
The facility provides a good quality local service and its closure would be a loss to the community. We have an ageing population. Provides local employment. The site is not well viewed form the public domain. The provision is in line with government policy. The home has the advantage of being small scale. Closure would bring disruption to the lives of the existing residentsloccupants. The needs of the community must out weight the green belt restrictions. There is an increasing need for the kind of accommodation proposed. There are no other care facilities in Wargrave. The home provides excellent care on a smaller scale then larger commercial style homes. The existing home serves a local community. The site is adjacent to other nearby buildings and is not readily accessible to public views. It is readily accessible to visitors and staff. 1 letter of objection have been received expressing the following concerns: I Traffic volume will increase as a result of the additional accommodation and the lane (the Holt) would not be able to cope with the extra traffic. The access road is a private lane with rights of way for all property owners in the Lane. It is inaccurate to assume staff will travel by public transport given the poor public transport availability in this rural location. Insufficient parking is provided for both staff and visitors. The expansion will triple the size of the original dwelling which will impact on the character of the area and the Green Belt. The Holt would need to be widened which would impact on trees and shrubs. The access onto the Blakes Lane is dangerous given the speed of traffic coming off the A4. - There is no need for this development given that the Sunrise development which is only 4 miles away is at 50% capacity. Submission Core Strategy: CPI, CP2, CP3, CP4, CP12
PPSI: Delivering Sustainable Development PPG2: Green Belts PPS7: Sustainable Development in Rural Areas PPG9: Biodiversity and Geological Conservation PPG15: Planning and the Historic Environment PPS25: Development and Flood Risk
SPG: Borough Design Guide (Residential)
'LANNING ISSUES
'rinciple of Development:
I. The application site is located in the Green Belt where there is a presumption against nappropriate development because any development is harmful to the main :haracteristics of the area and its openness. Local Plan policy WGBl (Development in he Metropolitan Green Belt) states the following,
'There will be a presumption against inappropriate development in the metropolitan green belt as defined on the proposals map. Development should not compromise the open character of the green belt and will not be permiffed for any purpose other than:
- Development for agriculture of forestry unless permitted development rights have been withdrawn. - Diversification of an established agricultural business where if does not conflict with policies in the green belt. - Essential facilities for outdoor sport and recreation, for cemeteries and for other uses of land the preserve the openness of the green belt, and which do not conflict with the purposes of including land in if. - Limited infilling or redevelopment of major existing developed sites in accordance with policy WGB5 - The carrying out of an engineering operation or the making of a material change of use of land, provided they maintain the openness of the green belt and do not conflict with its purpose.
In all cases development should not cause detriment to the visual amenities of the green belt in terms of its character, scale, form, siting and materials.'
2. The proposed development does not fall into any of the above categories as defined ,y policy WGBI and is therefore contrary to Green Belt Policy in principle. The existing Ise is inappropriate and the proposed development will further intensify an nappropriate use within the Green Belt and cause harm to its openness accordingly.
3. National planning policy guidance on development within the Green Belt is contained ~ithinPPG2 (Green Belts) which states the following, 'Inappropriate development is, by definition, harmful to the Green Belt. It is for the applicant to show why permission should be granted. Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly oufweighed by other considerations. '
4. As described above the development is inappropriate and by definition will cause material harm to the integrity of the Green Belt. Therefore in accordance with the advice contained within PPG2 the applicant will have to demonstrate very special circumstances which clearly outweigh the harm caused in order to justify the proposed development. There is accordingly a presumption that planning permission must be refused unless the applicant makes an exceptional case for very special circumstances to explain why permission should not be refused. If the Council were minded to support this would need the Secretary of States endorsement of the justification provided via a GOSE referral.
5. Beechbrook opened in 1989 and has permission to operate as a care home for up to 15 residents. The applicant has stated that since the opening of the care home there have been changes in the regulations and the current accommodation is not compliant with national minimum care standards. The effect of the regulations on Beechbrook has been to reduce the number of bedrooms from 15 to 12. The applicants states that this has then had a knock on effect to the financial viability of the care home and hence there is a need to expand the home in order to ensure it is a financially viable commercial operation. The applicants case is that the proposed expansionlextension to provide an additional 12 units of accommodation is considered (by the applicant) to be the minimal level of additional accommodation needed to make the care home a financially viable commercial operation and ensure its survival. The applicant argues that the closure of the existing home would result in the loss of a community facility and therefore the expansion of the care home in order to ensure its long term viability should constitute 'very special circumstances' in planning terms and the application should therefore be looked upon favourably.
6. The threat of closure if further expansion is not allowed needs to be assessed to see if it constitutes a justification to allow a departure in Green Belt policy. If a viability argument were to be put forward for a modest extension to allow compliance with regulations in order for the operation of the care home to continue then this could potentially allow for a departure in Green Belt Policy. However in this case the applicant is proposing a significant and very large scale extension in the form of 2 new buildings that will cause significant harm to the openness of the Green Belt due to their size and scale (the impact on the Green Belt is described in greater detail in paragraphs 11 tc 13). In this instance it is considered that the harm which results from the scale oi development proposed can not be outweighed by the viability argument which has beer put forward by the applicants. Furthermore as acknowledged in the applicants desigr and access statement there is significant competition within this sector and there are two other facilities within 3 miles of Beechbrook (Sunrise and Thamesfield). Irrespective of the viability argument which has been put forward it is considered that if the care home were to close the need could be met elsewhere in the Borough and it has no been demonstrated that alternative sites within the Borough could not accommodate the existing and any future housing need which may arise. A case for very specia circumstances has not therefore been demonstrated.
7. The applicant's case is based on the financial viability of the existing care home anc they have supplied limited information as part of the application in this respect. However as part of the pre application discussions the applicants did commission a feasibility study which was prepared by Savills.
3. The Council has sought independent advice regarding the feasibility study carried out ~y Savills and the advice received concluded that the care home would not be ~ulnerableto closure if it was not able to expand. The business is currently operated by :he applicants on a 'owner manager' basis and they have stated that the business would sease to be viable if the owner ceased direct management of the home and employed a nanager to take on this responsibility. This together with the relatively small size of the :are home results in the business being unattractive to third party investment.
3. The advice received by the Council's consultant contradicts this view and it is zonsidered that the property and the business would be attractive to third party buyers, particularly those who have a wish to be owner managers and the level of profitability is attractive. The Council's consultant does not consider that the care home would be dulnerable to closure if it failed to expand and therefore there would be no loss of a :ommunity facility. The only way to test the strength of this argument would be for the applicant to test the market and as this has not been done they have no evidence to show the Councils consultants advice is either right or wrong.
10. Overall in relation to the principle of development it is considered that the case which the applicants have put forward does no constitute 'very special circumstances' tvhich would justify inappropriate development in the Green Belt.
Impact on the Green Belt and the Character of the Area:
11. The application site is located within the Green Belt and has a rural feel with the built form being set in generous grounds and the site adjoining open countryside to the north. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open and restricting development to the types outlined in Local Plan policy WGBI. In all cases any proposed development should not cause detriment to the visual amenities of the Green Belt in terms of its open character and appearance.
12. The external appearance of the 2 new buildings has been designed in order to appear as 'rural outbuildings' incorporating flint and timber boarding in order to help minimise their visual impact. Although there is no objection to the external appearance of the proposed buildings there is significant concern with regards to their siting, size and scale. The proposed development represents a substantial increase in the amount of built form across the site (there will be a net increase of 1270.9 square metres of floor area). This equates to a net increase in volume of approximately 250% over and above the volume of the original building. This represents a very significant increase in the total amount of built form and by way of comparison the Council's guideline for the increase in size of a residential building which is located in the Green Belt is a maximum of 35% over the original volume of the building. Furthermore the amount of built form will be spread further across the site and this together with the increase in total built form will have an urbanising effect on the area and result in material harm to the openness and character and appearance of the Green Belt. Clearly the new development proposed is substantially more then what is there now and this is entirely not subservient as it should be if the 'outbuilding' theme were to be a realistic design approach here. - 13. The applicant has outlined what they consider to be 'very special circumsfances' which would allow a departure in Green Belt policy. As outlined in paragraphs 1 - 10 it is considered that in this case there is insufficient justification to warrant a departure: in Green Belt policy in this instance. There is a clear and significant impact on the Gree n Belt and the wider character of the area. Overall it is considered that the proposed development by reason of its bulk, scale, spread within the site and mass would have! an adverse impact upon the character of the sensitive rural location to the detriment ()f the visual amenities of the area and the character and appearance of the Green Belt. As such the proposal is contrary to policies WOS3, WGBI and WGB4 of the Wokingham District Local Plan, policy CP12 of the Submission Core Strategy and PPG2.
Trees and Landscape
14. Part of the site is covered by an area TPO (TPO 211 967) which also includes tree S west of the swimming pool. No tree survey has been submitted with the application and it is therefore difficult to assess the impact of the development on trees within and alc the boundary of the site. There are a number of important trees along the northern boundary of the site with a particularly significant belt of trees located to the west of tlne main site entrance. An alteration to the access will be required in order to allow for a passing bay to be created and these trees would need to be suitably protected when the works were being undertaken. At present there is no agreed scheme for the access improvements and therefore it is not possible to determine the extent of works requirf?d and how these would impact on the tress located in close vicinity. In order to determilne if the trees and be retained successfully the applicant would have to submit a tree survey and arboricultural method statement detailing the protection measures require:d.
15. There are concerns with regards to the potential impact of the proposed development in relation to the protected trees and without detailed informationlsurve]1s it is not possible to accurately determine the impact of the development on the protect€3d trees. Any significant loss of trees would be resisted as this would have a further impact on the visual amenities of the area and detract from the rural character of the area. T he applicant has therefore failed to demonstrate that the proposals will not cause harm t 0 the protected trees contrary to Local Plan Policy WBE5. I Impact on Neighbours:
16. The closest residential property to ttie application site is Grange cottage (immediately to the east of the site). The proposed buildings will be 2 stories in height and there will be a distance of approximately 50 metres from the closest part of the new building to the rear elevation of Grange Cottage. It is considered that this is sufficient distance to avoid appearing overbearing and any loss to the amenities of grange Cottage by way of loss of light.
17. There are a number of balconies on the proposed buildings, which can potentiall!/ give rise to overlooking of neighbouring properties. All of the balconies have been sensitively located with the exception of a balcony at first floor level on the north easl:ern elevation of the smaller of the 2 proposed blocks. Although there is a separation distance of 58 metres between the balcony and Grange Cottage (to the east) it is considered that the balcony will give rise to an unacceptable level of overlooking to Grange cottage and its private amenity space to the side and rear of the property. - Highwav Issues:
18. There are no concerns with regard to highway safety resulting from increase in accommodation at the site provided the design and layout of the site entrance and the internal driveway is amended in order to accommodate 2 cars passing. It is considered that there is sufficient space within the site to accommodate these improvements therefore this would not constitute a reason for refusal in its own right. Alternatively Informative number 2 has been attached to the decision notice advising the applicant of the requirement to submit an amended plan with any revised application or appeal submission.
19. The level of parking proposed is considered to be acceptable for the use which is proposed and is in line with the Council's adopted standards in this respect. 1 Listed Building 20. The application site is adjacent to Hare Hatch Grand which is a late 18'~Century Grade II Listed Building described as formerly a large country house and is now used as offices. The Design and Access statement for the proposed development concentrates on the economics of the scheme but fails to justify the design and context of the new buildings or their impact on the setting of the Listed Building.
21. The footprint of the proposed units when compared to the Hare Hatch Grange clearly shows the excessive and harmful scale of the proposed development. The location of units 5 - 12 is considered to be particularly insensitive by reason of its siting, scale and design resulting in an adverse impact to the setting of the Listed Building. Any addition to the home should be closely related to the existing accommodation and grouped to relate to the Bath Road and not spread further into and across the site. Clearly the existing Beechbrook Care home would become subservient to the extensions and this change in emphasis of built form adjacent to the Listed Building is considered harmful to its setting and appearance.
22. The applicant has supplied insufficient information in order for the authority to assess the impact of the development on a protected species. Due to the proximity of the site to suitable bat foraging habitat the buildings on the site have potential to act as roost sites for bats, which are a legally protected species. A building is to be demolished and consequently the applicant is required to submit a survey of the buildings by a trained and licensed bat worker with their application. This must be submitted prior to planning permission being granted not attached as a condition in accordance with the advice and guidance contained within PPS9.
23. Although this site is within 500 meters of a known great crested newt breeding pond it is separated from it by dense residential development and a number of minor roads. It is unlikely that this application would have an adverse affect on the local great crested newt population. 1 Flooding 24. The area of the site is shown on the supplied plan is over 1 hectare in size and the site is Flood Zone 1. PPS25 requires applicants for planning permission to submit a lood risk assessment (FRA) when development is proposed in such locations. The Environment Agency have stated that they will have no objections to the proposed fevelopment provided a satisfactory FRA is submitted to the Council which lemonstrates that the planned works will not increase any risk of flooding in the area.
25. Due to the size of the site and the relative amount of proposed building work it is :onsidered that it is very likely that a suitable FRA could be produced which would adequately demonstrate that the planned works will not increase any risk of flooding in he area. Therefore it is considered that the non submission of an FRA at this stage is ~ouldnot warrant a reason for refusal in its own right. Alternatively an informative has Ieen attached to the decision notice advising the applicant of the future requirement to ;ubmit an FRA with any revised application or appeal submission, see informative lumber 1.
Wordable Housinq:
26. Having regard to the Use Classes Order 1987 (as amended) and the submitted 3lanning statement, which states that the proposal 'seeks to provide 12 new ndependent living units' and 'is based on achieving self sufficiency', it is considered that :he proposal does not fall within use class C2 (Residential institution). It is more akin to 3 C3 (General residential) development and there is consequently a requirement for 3ffordable housing.
27. Wargrave is a settlement of less than 3,000 population and therefore the threshold For affordable housing is 5 or more dwellings or residential sites of 0.25 hectares or more. The site exceeds this threshold and therefore there is a requirement for provision ~f affordable housing.
28. To meet the requirements of Policy WH12 of the Local Plan, 26% of the total number of units (equating to 3 units) should be provided on-site as affordable housing. In accordance with Council's adopted Supplementary Planning Advice Provision of Affordable Housing, all of the affordable housing units should be built to Housing Corporation Scheme Development Standards and be transferred to one of the Council's six preferred Registered Social Landlord partners for a price that will enable the RSL to deliver the affordable housing without the need for public subsidy. It is envisaged that the 3 affordable units will consist of 3 x 2 bedroom units for social rent (at target rents). No provision for affordable housing has been made as part of this submission and the proposal is therefore contrary to policy WH14 of the local Plan.
Service. Amenitv and Infrastructure Contributions
29. Having regard to the Use Classes Order 1987 (as amended) and the submitted planning statement, which states that the proposal 'seeks to provide 12 nevl independent living units' and 'is based on achieving self sufficiency', it is considered that the proposal does not fall within use class C2. It is more akin to a C3 development and there is consequently a requirement for infrastructure contributions. In line with policies WOS4 of the WDLP the following contributions would be required for this scheme basec on a net increase of 12 units: CONCLUSION ' In light of the above it is considered that the proposed development is not in accordance I withadopted policy. Accordingly this application is recommended for refusal.
N.B. All reports seek to identify environmental, community safety, customer care and equal opportunities implications. Consultation with residents and organisations which has or is about to take place, will also be reported
CONTACT DETAILS Service Telephone Email Develppment / 0118 974 6428 16429 1 development.control@,wokinqham.qov.uk Management
. . - ---..--,--- 7.--- --.-- ,.r. c,r8m.,:., .-. Theresa ~rown ;, I j my -..-.-I-----,.-.- -..-.-I-----,.-.- -... .-,.-.--- I__! From: Clerk - Wargrave Parish Council [[email protected]] "!.I!NNiNG Sent: 30 June 2009 12:04 1 To: Nick Clark;Jonathan Bishop; Rosie Rogers , Cc: Development Control Subject: Planning Representations
Dear All Please find below the latest representations from Wargrave Parish Council:
F/2009/1026 - Applicant: Mr M Seagrim c/o: The TPA Design Company Ltd, Beechbrook Residential Home, The Holt, Hare Hatch: Proposed erection of 12 additional two storey residential units. Demolition of existing bungalow. OBJECT - Overdevelopment in the Green Belt - The bulk arid mass of the proposal would harm the open character of the Green Belt
__A. ~~~/2009/0995- Applicant: , Mr P Miller :c/o: Colin ~awson*..-,-A~soci~~s"y6 Braybrooke Gardens, Wargrave: Application to vary condition 6 o~,.p&annlngconsent 1617/73 to convert garages to habitable accommodation. -,#- .---I _I"' 1.10 OBJECTION .rc/"--' +/--/-. - A condition is requeske-?f requring the onsite parking provision to be maintained for the parking oyh1cles4'- at all times. . . 5 ,,,,.,, ,< F/2009/1173 - Applicant: Mrs Helen. Johnstone, 3,,I:Da~k-~ane,Wargrave: Proposed construction of decking on existingel'evated ground, comprising two main areas joined with a walkway (~etros~ect.ive). OBJECT . . ,.. - The propos?l,.,,repFesents.an urbanising overdevelopment of the site - The proposal may impact upon the residential amenities of the neighbouring property .,. . . Kind Regards I- - ,... ..-"-" Stephen Hedges I..i . <.,,-, Clerk & Proper Officer ...I ...... ,-. If you have any questions regarding the content of this,email please feel free to contact me.. Email [email protected] , ,, . - ., ., The information transmitted in this emai.~':s intended only for theperson or entity to which it is address and may contain..-c6Lfidentialand/or privileged material. Any review, retransmission, disse?&.n&on or other use of, or taking of, any action in, reliance upon, this informaJk-on by persons or entities other than the intended. recipient is prohibitecl::.--"' ./ Wargrave Parish Gouncilf cannot guarantee that any files attached to this email are free from viwsesi/ ' or any other program code that may be harmful to your computer, and as such i..s.-'h%t liable for any damage t:hat may be caused as a result. .e- i.*- ,"-eL If-*Pou received this in error please contact the sender or Wargrave Parish Council and delete the material from any computer.