AGENDA ITEM 13 SMD/2015/0122 OUTLINE APPLICATION WITH ALL MATTERS RESERVED (EXCEPT ACCESS) FOR RESIDENTIAL DEVELOPMENT AT LEEK ROAD WETLEY ROCKS

Parish: Registration: 07/03/2015 Case Officer: Mr. A. D. Swithenbank Grid Reference: SJ 964 489

THE APPLICATION The proposal is an outline application for residential development with all matters reserved except for access. This report therefore considers the principle of residential development at this location and the details of the site access. All other matters including scale, layout, appearance and landscaping would be subject to consideration through a subsequent Reserved Matters planning application. Two indicative drawings have been submitted with the application to suggest for example how a scheme with two units or with three units could be accommodated. Also submitted are a Design and Access Statement and a Preliminary Ecological Appraisal. An amended drawing has been provided to recognise that the rear boundaries of properties on Leek Road form a single straight line where previously there was an indentation in the alignment.

The applicant is the son of former Councillor Mafooz Ahmad and commitment was made prior to the election to bring the item to committee due to the close relationship to a then serving Councillor and member of the Planning Applications Committee.

SITE LOCATION/DESCRIPTION The site is a 0.3 hectare (0.7 acre) portion of field lying within the Wetley Rocks Development Boundary to the rear of detached properties, including the Wetley Rocks Methodist Chapel, which front the main A520 Leek Road on the left when approaching Wetley Rocks from the direction of Cellarhead. The access to the site would be formed where the existing field access leaves the A520 between 1 Oaklands Close and the property known as Beech Trees on Leek Road, opposite the south west corner of the Recreation Ground. The westerly boundary of the application site follows the Village Development Boundary and is currently open to the remainder of the field of which the site is a part. The northerly boundary is a low dry-stone wall which borders a further small field. A public footpath right of way crosses this field from a point in Wetley Rocks on Leek Road opposite the foot of Plough Bank and enters the field of the application at a point west of the site boundary and continues generally westwards to join other footpaths with links in several directions including for example points on Mill Lane and return routes to further points on Leek Road.

PLANNING HISTORY SMD/2013/0682 Full Application: Alterations to provide improved means of access to land off Leek Road, Wetley Rocks - withdrawn.

SMD/2013/0591 Outline Application: Proposed bungalow and alterations to access - withdrawn.

SMD/2003/0387 Outline Application: proposed dwelling - refused

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CONSULTATIONS Cheddleton Parish Council : The Parish Council has no objections, on the understanding that a section of this land lies within the development boundary. However, the Council would only like to see one to a maximum of two houses/ bungalows built on this site mainly on highway grounds and in order to provide an adequate turning / parking area within the site itself.

Local Highways Authority : No objections subject to conditions and informative. These are set out at the end of this report.

Severn Trent Water : No objections subject to conditions and informative. These are set out at the end of this report.

Ecology Officer : Save for possible implications for bats the submitted Preliminary Ecological Appraisal (PEA) demonstrates that there are no protected habitats or protected species implications from this development. The PEA recommends monthly bat activity survey between April and September to establish the scale of bat feeding likely to take place over this ground. The information obtained would be used to inform controls on the extent and form of lighting to be allowed with any development permitted on the site - a matter for reserved matters stage in this instance.

REPRESENTATIONS Expiry of: Neighbour Notices (x10), 1 st May 2015 Site Notice, 11th May 2015

Representations of Support: one - there is a proven need for both houses and bungalows in the village, either would be in keeping with the relatively recent development on land adjacent to the site.

Representations of Objection: 13 -

• Policy: the proposal is premature and should await the confirmation of new site allocations in the local plan process; the proposal is contrary to SS6 and SS6a; no accompanying evidence submitted to show that there is local housing need or that the development would provide affordable housing; the field landscape west of the site is identified in the Landscape and Settlement Character Assessment as important landscape setting to the settlement;

• Amenity of existing residents: unacceptable impact for properties on Oaklands Close; reduced level of privacy; quality of life compromised for the existing overlooking properties; site is overlooked by various parts of the village including from the school and two churches and therefore contributes to the amenities of the village; severe impact visually, of noise, light, fumes, odour and dust etc. on the rear garden amenities of the existing adjoining properties and those on Leek Road do not have significant amenity space at the rear; impact of traffic noise

13.2 AGENDA ITEM 13 and fumes using the access to the rear of the properties on Oaklands Close; increase in traffic in the village; loss of view and therefore property value; complete loss of privacy to 'garden room' of Beech Trees, Leek Road; the peaceful rear outlook compensates for the impacts of Leek Road at the front, one of the busiest in ; intrusion of inevitable street lighting;

• Countryside: proximity to the cross-fields public footpath; impact on wildlife habitat; the site deserves protection for its contribution to the biodiversity of the village and the local landscape; loss of amenity particularly when using the footpaths; urbanisation of outlook from the field footpath; poor drainage of the land which is waterlogged and boggy; species-poor vegetation is still valued;

• Traffic and Highways: concern as to safety of the proposed access junction with the main road; doubt that the highways requirements could be met; the access would be created exactly where the traffic calming measures start; on street parking problems will develop; impacts and risks from the construction traffic; too close to the Oaklands Close entrance; the southbound traffic is not subject to calming measures;

• Need: A surprising proposal given the amount of property for sale; plenty enough property already vacant;

• Other: question as to legality of having previously reduced part of the rear garden area of 1 Oaklands Close providing increased width for the site access; several members of Cheddleton Parish Council have a vested financial interest [no details given] in the land but were present when the item was considered at the Parish Council although they declared their interest; submitted drawing 1 is not to scale [it is] and distorts the impacts to appear more favourable; the development would not provide sufficient garden space; the proposal should not be considered in-fill; infrastructure of the village is too limited to serve further development - the school is already full; precedent for more development; there are more suitable alternative sites;

POLICIES Core Strategy Development Plan Document (Adopted March 2014)

SS1 Development Principles SS1a Presumption in favour of sustainable development SS2 Future Provision of Development SS4 Managing the Release of Housing Land SS6a Larger Villages Area Strategy SD1 Sustainable Use of Resources SD4 Pollution and Flood Risk H1 New Housing Development DC1 Design Considerations DC3 Landscape and Settlements C1 Creating Sustainable Communities NE1 Biodiversity and Geological Resources T1 Development and Sustainable Transport

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Adopted Supplementary Planning Documents/Guidance (SPD/G): • Space About Dwellings SPG

Core Strategy Supporting Evidence Documents : • Landscape and Settlement Character Assessment (2008)

National Planning Policy Framework (NPPF)

National Planning Practice Guidance (NPPG)

OFFICER COMMENT

Principle 1. Lying within the Larger Villages (Wetley Rocks) Development Boundary the principle of development is accepted (Policy SS6a). Given a known undersupply of housing in the District the absence of adopted allocations for development further supports the presumption in favour of this scheme.

Main Issues / Policy 2. The main considerations are: • the impacts of this development upon the amenity of its immediate neighbours; • the ability of the site to accommodate the proposed development satisfactorily including with reference to the Space About Dwellings guidance; • ability to provide a satisfactory highways access; • the ability to establish a satisfactory relationship with the surrounding countryside beyond the site to the north and west; • implications for habitats and species biodiversity;

3. The immediate neighbouring properties are the four detached properties and the Methodist Church Hall backing on to the site from Leek Road and the four detached bungalows of Oaklands Close which back on to the southern edge of the site.

4. New housing development (Policy H1) includes several relevant points including that new dwellings should be of sufficient size to provide satisfactory levels of amenity whilst also respecting the privacy and amenity of existing dwellings. The Council's adopted Space About Dwellings Guidance indicates that a minimum of 22m spacing should be provided between facing elevations with principal windows, and that the top heights of the development should not intrude above an angle of 25 degrees drawn in the vertical plane from any of the facing principal windows. Two indicative layout drawings have been submitted, one with three properties and one with two properties outlined. From these it is clear that certainly a 22m spacing can be achieved. To ensure no interception of a 25 degree angle drawn in the vertical plane from principal windows in either the new development or the existing properties would be a matter of measurement in relation to the specific details when submitted but again there can be certainty that at least one property would be achievable and a likely probability of up to three being possible.

13.4 AGENDA ITEM 13 5. Policy H1 also requires development to be at a density compatible with the site and its location and with the character of the surrounding area. The policy suggests a range of 30 to 40 dwellings per hectare in villages. That would predict a minimum of nine dwellings on this 0.3 ha site. The proposal would likely deliver significantly less than this with three dwellings equating to 10 dwellings per hectare but that is a reflection of the site and its constraints. The existing four houses between the site and Leek Road occupy 0.2ha equating to a density of 20 units per hectare. The nine bungalows of Oaklands Close occupy c.0.3ha, achieving the 30 per hectare density. The reserved matters stage will be the point at which the density is ultimately determined. This will need to take account of the Space About Dwellings requirements and also the need to provide a suitably strongly landscaped rural edge on the western margin to give a harmonious boundary to the countryside beyond.

6. The highways assessment provided by Staffordshire County Council Highways shows that whilst there will be requirements to be met at reserved matters stage these can be governed by way of condition and the highways access location shown is acceptable.

7. The submitted biodiversity assessments confirm that there are no adverse implications for protected habitats or species at this outline stage. Further details will need to be submitted at reserved matters stage in respect of bat feeding or commuting activity. The survey data would be needed to inform the design and specification of lighting and landscaping in the reserved matters considerations with this application.

Representations 8. The Government has expressly stated that for Local Planning Authority plan areas in which there is an undersupply of housing the absence of allocations for housing development becomes a basis in support of applications as they arise. It is right to indentify the quality of the countryside beyond the site as an important consideration and in the details of the reserved matters stage the structure and quality of the western boundary of the development will be an important factor.

9. Issues raised about the potential impacts upon existing neighbouring properties are also important considerations but reference to the Space About Dwellings Guidance as discussed at (4) above shows that development will be feasible in terms of the Council's adopted planning policies. The detached 'garden room' on the rear edge garden boundary of one of the Leek Road properties is not protected by the same amenity criteria afforded to the main living accommodation. There is no right to the view or the privacy of this building which has picture windows directly on the boundary with the open field.

10. Sensitivity about highways implications is understandable in many main road locations and perhaps in Wetley Rocks in particular but this proposal is able to meet the standards required.

11. The current assessment of housing need in Wetley Rocks is for 15 new dwellings in the period 2011 - 2031. This scheme would contribute to meeting this need.

13.5 AGENDA ITEM 13 12. The conversion of part of the garden land to the rear of 1 Oaklands Close would not have required planning consent, this effectively being a conversion to agricultural use.

Overall Balance and Conclusions 13. The principle of housing development at this site is supported by planning policy; a development capable of meeting the required amenity standards will be possible; suitable highways access is achievable; the site is well located in relation to the existing settlement and has good access to essential local services; the representations received have been considered but where these raise relevant planning concerns they are matters which can be controlled by condition and / or at the reserved matters stage without amounting to grounds for refusal.

OFFICER RECOMMENDATION

Planning permission be granted subject to the following conditions:

1. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved. Reason : To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 (as amended).

2. The approval of the Local Planning Authority shall be obtained in writing with respect to the plans and particulars of the following reserved matters (hereinafter called the reserved matters) before any development is commenced . i) layout ii) scale iii) appearance iv) landscape and lighting Reason : The application is an outline application under the provisions of Section 5 of Part 3 of the Town and Country Planning Act (General Permitted Development Procedure) Order 2015 and no particulars have been submitted with respect to the matters reserved in the permission.

3. Before the proposed development is commenced, details shall be first submitted to and approved in writing by the Local Planning Authority indicating: - improvements to the access including widths; - proposals for the replacement / relocation of existing roadside cabinet including re-cutting of loop connections; - provision of access for agricultural field including details of vehicles likely to require access and demonstration of adequate width. The works shall thereafter be completed in accordance with the approved details. Reason : To comply with NPPF guidance; to comply with NPPF policies; in the interests of highway safety, and to ensure the access can be accommodated with respect to street furniture and other uses.

13.6 AGENDA ITEM 13 4. No development hereby approved shall be commenced until full details of the following have been submitted to and approved in writing by the Local Planning Authority: - Layout and disposition of buildings and drives; - Provision of parking and turning within the site curtilage; - Means of surface water drainage; - Surfacing materials. The development shall thereafter be implemented in accordance with the approved details and be completed prior to first occupation of the development. Reason : To comply with NPPF guidance; to comply with NPPF policies; in the interests of highway safety, and to ensure an acceptable standard of development.

5. The development hereby permitted shall not be commenced until details of the 2.4m x 43m visibility splays have been submitted to and approved in writing by the Local Planning Authority. The visibility splay shall thereafter be kept free of all obstructions to visibility over a height of 600 mm above the adjacent carriageway level and be provided in accordance with the approved plan prior to the development being brought into use. Reason : To comply with NPPF guidance; to comply with NPPF policies and in the interests of highway safety.

6. Any gates shall be located a minimum of 12m rear of the carriageway boundary and shall open away from the highway. Reason : To comply with NPPF guidance; to comply with NPPF policies and in the interests of highway safety.

7. The development hereby permitted shall not be brought into use until details of the reinstatement of that part of the existing site access, which shall include the access crossing between the site and carriageway edge made redundant as a consequence of the development hereby permitted, being permanently closed and the access crossing reinstated as footway with full height kerb have been submitted to and approved in writing by the local planning authority. The kerb shall thereafter be reinstated in accordance with the approved details. Reason : To comply with NPPF guidance; to comply with NPPF policies; in the interests of highway safety and to avoid a proliferation of over-wide access crossings.

8. The development hereby permitted shall not be brought into use until the revised access to the site within the limits of the public highway has been completed. Reason : To comply with NPPF guidance; to comply with NPPF policies and in the interests of highway safety.

9. All noisy activities shall be restricted to the following times of operations.

 08:00 - 18:00 hours (Monday to Friday);  08:00 - 13:00 hours (Saturday)  No working is permitted on Sundays or Bank Holidays.

In this instance a noisy activity is defined as any activity (for instance, but not restricted to, building construction/demolition operations, refurbishing and landscaping) which generates noise that is audible at the site boundary.

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Reason : To avoid the risk of disturbance to neighbouring dwellings from noise during unsocial hours.

10. In the event that contamination is found at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority. Development should not commence further until an initial investigation and risk assessment has been completed in accordance with a scheme to be agreed by the Local Planning Authority to assess the nature and extent of any contamination on the site. If the initial site risk assessment indicates that potential risks exists to any identified receptors, development shall not commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been prepared, and is subject to the approval in writing of the Local Planning Authority. Reason : To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors 11. No top soil is to be imported to the site until it has been tested for contamination and assessed for its suitability for the proposed development, a suitable methodology for testing this material should be submitted to and agreed by the Local Planning Authority prior to the soils being imported onto site. The methodology should include the sampling frequency, testing schedules, criteria against which the analytical results will be assessed (as determined by the risk assessment) and source material information. The analysis shall then be carried out and validating evidence submitted to and approved in writing to by the Local Planning Authority. Reason : To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors

12. No construction work shall be carried out, and no materials or waste shall be delivered to or from site, other than between the hours of 07:30 and 19:00 hours on Mondays to Fridays and between the hours of 07:30 and 14:00 hours on Saturdays, and no such operations shall take place at any time on Sundays and Bank/Public Holidays. Reason : to protect living conditions and avoid the risk of disturbance to neighbouring dwellings during unsocial hours.

Informatives :

1. The application has been determined in accordance with Policies: SS1; SS1a; SS2 SS4; SS6a; SD1; SD4; H1; DC1; DC3; C1; NE1 and T1 of the Core Strategy Development Plan and the NPPF.

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2. The conditions requiring reinstatement of redundant crossing, relocation of roadside cabinet, recutting and connection of carriageway loops, shall require a Minor Works Agreement with Staffordshire County Council and the applicant is therefore requested to contact Staffordshire County Council in respect of securing the Agreement. The link below provides a further link to a Minor Works Information Pack and an application form for the Minor Works Agreement. Please complete and send to the address indicated on the application fom which is Staffordshire County Council at Network Management Unit, Staffordshire Place 1, Wedgwood Building, Tipping Street, , Staffordshire ST16 2DH. (or email to [email protected]); http://www.staffordshire.gov.uk/transport/staffshighways/licences/ All works will be at the developers expense. 3. The developer should pay due regard and comply with the requirements of the Building Regulations 2010, Part E (Resistance to Sound).

4. During any demolition and construction activities (including landscaping) the contractor should pay due regard to the Building Research Establishment Guidance Document ‘Control of Dust from Construction and Demolition Activities’ (BR456), and take all reasonable steps to prevent dust formation and prevent any dust formed from leaving the site boundary.

5. The proposed development is close to existing properties so care needs to be taken during the construction phase to ensure these activities do not cause unreasonable disruption to the neighbours' enjoyment of their properties. 6. Please be aware that the responsibility for safe development and secure occupancy of the site rests with the developer. • Any approved noise scheme and measurements should pay due regard to British Standard BS8233: Sound insulation and noise reduction for buildings (Code of Practice) and the Building Regulations 2010 Document E or other appropriate guidance. • Advice on controlling flies and light can be found in: Statutory Nuisance from Insects and Artificial Light (defra 2005) available as a free download http://archive.defra.gov.uk/environment/quality/local/legislation/cnea/documents/ statnuisance.pdf • During any demolition and construction activities (including landscaping) the contractor shall take all reasonable steps to prevent dust formation and prevent any dust formed from leaving the site boundary. • The control of dust and emissions from construction and demolition Best Practice Guidance, produced by the greater London councils http://www.london.gov.uk/sites/default/files/BPGcontrolofdustandemissions.p df • Building Research Establishment Guidance Document ‘Control of Dust from Construction and Demolition Activities’ (BR456) • If required, contamination risk assessments shall be carried out in accordance with UK policy and with the procedural guidance relating to the contaminated

13.9 AGENDA ITEM 13 land regime, and should be in accordance with Planning Policy Statement 23 and the CLR Report Series 1-12. • Submission of reports should also be made to the Environment Agency for comment with regard to their remit to protect ground and surface waters from pollution and their obligations relating to contaminated land. • The Local Planning Authority will determine the acceptability of reports on the basis of the information made available to it. Please be aware that should a risk of harm from contamination remain post development, where the applicant had prior knowledge of the contamination, the applicant is likely to be liable under Part II (a) of the Environmental Protection Act 1990 and as such become and “appropriate person”. In this event the applicant will be lawfully responsible to remove the risk posed by the contamination. • Equally if during any site works a pathway for any contaminant on site is created and humans, waters, property or ecological systems are exposed to this, the applicant or those acting on behalf of the applicant will be liable under part II (a) of the Environmental Protection Act 1990 if the risks are not adequately addressed during the site redevelopment. • During investigation and remediation works the applicant and those acting on behalf of the applicant must ensure that site workers, public property and the environment are protected against noise, dust, odour and fumes • The applicant is advised that should there be a requirement as part of the Remediation Strategy to treat, reuse or remove contaminated material on the site, the Environment Agency must be consulted, as these activities may need to be licensed or permitted. Contaminated materials identified for removal off site must be disposed of in an appropriately licensed landfill site. • District Council is keen to liaise with all stakeholders involved in this application. As such, we recommend that a proposed scope of works is forwarded to the Environmental Protection Department and agreed in principle prior to site investigation works being undertaken. The Environmental Protection Department is also prepared to review draft copies of reports prior to final submission to the Planning Department in order to ensure that works undertaken are sufficient to discharge the contaminated land conditions.

13.10 AGENDA ITEM 13 Site Location Plan - Leek Road, Wetley Rocks

13.11 AGENDA ITEM 13 Indicative Layout Proposal Plan

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