CASE OFFICER's REPORT Application
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CASE OFFICER'S REPORT Application Reference: 18/09741/FUL Date of Inspection: 09/04/2019 Date site notice posted: 01/04/2019 Publicity expiry date: 25/04/2019 POLICIES Wiltshire Core Strategy: Core Policy 1 - Settlement Strategy Core Policy 2 - Delivery Strategy Core Policy 3 - Infrastructure Requirements Core Policy 33 - Spatial Strategy: Wilton Community Area Core Policy 48 – Supporting Rural Life Core Policy 50 - Biodiversity and Geodiversity Core Policy 51 - Landscape Core Policy 52 - Green infrastructure Core Policy 57 - Ensuring high quality design and place shaping Core Policy 58 - Ensuring the Conservation of the Historic Environment Core Policy 60 - Sustainable Transport Core Policy 61 - Transport and new development Core Policy 62 - Development impacts on the transport network Core Policy 64 - Demand Management Adopted Salisbury District Local Plan saved policies listed in Appendix D, of the Wiltshire Core Strategy: R5 – Protection of Outdoor facilities Wiltshire Local Transport Plan 2011-2026 Government Guidance: National Planning Policy Framework (NPPF) Planning Practice Guidance SPD: Cranborne Chase & West Wiltshire Downs AONB Landscape Character Assessment (LCA) 2003 Dinton Conservation Area Appraisal Councils Adopted Supplementary Planning Document 'Creating Places'. Planning (Listed Building and Conservation Areas) Act 1990 ISSUES • Principle • Impact to trees and the character and appearance of the Conservation Area, Setting of Listed Buildings and the Cranborne Chase and West Wiltshire Downs Area of Outstanding Natural Beauty • Impact on the residential amenities of local residents • Highway considerations – access and parking • Archaeology REPRESENTATIONS Tree officer: I object to the loss of the Maple (which is a Norway not Canandian). I feel the development should be designed to accommodate the retention of this tree. The applicant suggests it can be replaced but simply planting a new tree will not achieve this. A new tree will also require 30 plus years of growth to reach a similar size, and provide comparable amenity value. I am disappointed the applicant has not provided an Arb Impact Assessment as I requested during the pre-application stage. As a consequence the trees have not been surveyed with the constraints laid out in accordance with BS5837:2012, which is the industry standard for any development around trees. Excavation and changes in level cause root damage to trees and BS5837 helps to determine how large a rooting area each tree requires. Encroachment within this area may be possible, using no dig construction methods with special surfacing, but this requires expert guidance, which the applicant has not sought. Under the circumstances, I think the development is likely to be detrimental to the other trees within the vicinity of the parking area so this is further grounds for objection. WC Highways: It is considered that the proposed development will not detrimentally affect highway safety and I therefore recommend that no highway objection be raised to it. Archaeology: No objections Thank you for the new information relating to this application. It does, indeed, appear that there have been groundworks in the past. Whilst the works may not have truncated any remains present, I am content that this particular proposal would not have an archaeological impact. Conservation: As per the preapp, the site lies in the CA and in close proximity to several listed buildings. The plans of the parking area are poorly detailed and so it is hard to assess the impact – there should be a green verge to the east and west sides of the parking area and the trees retained – if you could get a clearer block plan that would be very helpful. The surfacing material colour is fine. Sport England: It is understood that the proposal prejudices the use, or leads to the loss of use, of land being used as a playing field or has been used as a playing field in the last five years, as defined in The Town and Country Planning (Development Management Procedure) (England) Order 2015 (Statutory Instrument 2015 No. 595). The consultation with Sport England is therefore a statutory requirement. Sport England has considered the application in light of the National Planning Policy Framework (in particular Para. 97), and against its own playing fields policy, which states: 'Sport England will oppose the granting of planning permission for any development which would lead to the loss of, or would prejudice the use of: all or any part of a playing field, or land which has been used as a playing field and remains undeveloped, or land allocated for use as a playing field unless, in the judgement of Sport England, the development as a whole meets with one or more of five specific exceptions.' Sport England's Playing Fields Policy and Guidance document can be viewed via the below link: www.sportengland.org/playingfieldspolicy Having assessed the application, Sport England is satisfied that the proposed development meets exception 2 of our playing fields policy, in that: 'The proposed development is for ancillary facilities supporting the principal use of the site as a playing field, and does not affect the quantity or quality of playing pitches or otherwise adversely affect their use.' This being the case, Sport England does not wish to raise an objection to this application. The absence of an objection to this application, in the context of the Town and Country Planning Act, cannot be taken as formal support or consent from Sport England or any National Governing Body of Sport to any related funding application, or as may be required by virtue of any pre- existing funding agreement. Parish Council: Support subject to conditions Concern at gravel / stones may end up on the highway If tree is removed two similar / native species should be planted to replace the felled tree. 1 third party representation of support summarised as follows: • Limited visual impact from proposed surface and better visually in the conservation area than tarmac surface (permitted in other locations) • Safety benefits of removing parked cars along St Mary’s Road outweigh any deemed detriment to conservation area • Benefit from additional parking protect verges from damage by vehicles ASSESSMENT Principle: The National Planning Policy Framework (NPPF) (2019) confirms that planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise (Section 38(6) of the Planning and Compulsory Purchase Act 2004 and section 70(2) of the Town and Country Planning Act 1990); that the NPPF is a material consideration in planning decisions and planning policies and decisions must also reflect relevant international obligations and statutory requirements. The proposals are therefore to be considered in the context of the National Planning Policy Framework (NPPF) which sets out Central Government’s planning policies, and the adopted Wiltshire Core Strategy (WCS) which also includes some saved policies of the Salisbury District Local Plan (SDLP). At the heart of the NPPF is a presumption in favour of sustainable development and the Adopted Wiltshire Core Strategy seeks to build resilient communities and support rural communities but this must not be at the expense of sustainable development principles. The NPPF defines three dimensions to sustainable development at paragraph 8, namely economic, social and environmental strands. The environmental aspect of the definition of sustainable development also includes protecting and enhancing our natural, built and historic environment. Impact to trees, the character and appearance of the Conservation Area, Setting of Listed Buildings and the Cranborne Chase and West Wiltshire Downs Area of Outstanding Natural Beauty: The application documentation explains that the purpose of the proposed resurfacing (replacing the sub surface ground protection with grass above with geotex material and then stone sub base/base/gravel above) is to improve highway safety and to improve the environment of the historic setting by providing year round parking on the site and to alleviate congestion caused by parking on St Marys Road and damage to roadside verges during match days and other events when the recreation ground is in use. It is explained that currently parking is only available on the site during the summer months and even then, it is often closed during heavy periods of rain. Core Policy 52 supports the retention and enhancement of Wiltshire’s green infrastructure network and Core Policy 48 supports the provision of community facilities including recreational facilities but one of the key objectives is to also protect the countryside and maintain its local distinctiveness and proposals to improve infrastructure will be supported where the development will not be to the detriment of the local environment. The site is within the Cranborne Chase and West Wiltshire Downs Area of Outstanding Natural Beauty (AONB), Dinton conservation area (a designated heritage asset) and nearby St Mary’s Church is listed. The NPPF outlines government policy, including its policy in respect of the historic environment (Section 16). Paragraph 193 of the NPPF states ‘When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation’ Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a duty on the LPA that ‘special attention’ shall be paid