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North Somerset Council Development Management Development and Environment North Somerset Council Our ref: PR001890 Development Management Date: 21st June 2021 Development and Environment (Sent via e-mail) Sent via e-mail To whom it may concern Town and Country Planning Act 1990 Section 55 Permission in Principle – Erection of a single dwelling Breezeland, Walton Bay, Walton-in-Gordano BS21 6AZ We submit on behalf of our client, Roger Hobley, an application for Permission in Principle for the redevelopment of the above site to provide a single dwelling. The site comprises a residential property, Breezeland, including a number of outbuildings within the rear garden. The site has pedestrian access from Down Road (to the south) and vehicular access from a track to the north. The site slopes downhill from circa 55mAOD at Down Road, to 37mAOD at the rear of the site, continuing down towards Walton Bay itself. ‘Permission in Principle’ The permission in principle consent route is an alternative way of obtaining planning permission for housing-led development, which separates the consideration of matters of principle for proposed development from the technical detail of the development. The consent route has 2 stages: the first stage (or permission in principle/PiP stage) establishes whether a site is suitable in-principle and the second stage (‘technical details consent’ - TDC) is when the detailed development proposals (and the technical planning matters) are assessed. The Guidance1 explains that the scope of PiP is limited to: 1 https://www.gov.uk/guidance/permission-in-principle Planning permission in principle application Breezeland, Walton Bay, Walton-in-Gordano • Location • Land Use • Amount The guidance explains that issues relevant to these 'in principle' matters should be considered at the PiP stage. Other matters should be considered at the TDC stage. The guidance further explains that Councils cannot list the information they require for PiP applications in the same way they can for applications for planning permission. As a result, the applications are much simpler and straightforward. A PiP cannot be used where a Habitats assessment is required. In this case the site is not part of or close to a Special Area of Consultation (SAC). The ecological value of the site (for example, importance for bats); how this might constrain development; and what ecological mitigation and enhancement measures are necessary, can all be assessed and secured at the TDC stage if required. BACKGROUND Location As demonstrated on the submitted Site Location Plan and the map below, the site is situated to the northwest of Down Road, one of a row of 15 dwellings fronting the highway, for a stretch of 600 metres. There are several park home sites, including permanent residential pitches, immediately to the north of these dwellings, including Two Acres Park, The Bay, and Seascapes Park, whilst the Coast Caravan Park (static caravans) lies immediately to the west. The land to the south is largely agricultural. The Portishead Settlement Boundary commences 900m to the east, and the Clevedon Settlement Boundary 2.2km to the west. Walton-in-Gordano (which is washed over by the Green Belt) lies 1.2km to the southwest. Walton Bay is similarly washed over by the Green Belt and has no settlement boundary. 2 | Page Planning permission in principle application Breezeland, Walton Bay, Walton-in-Gordano Walton Bay (application site outlined in red) The site is located in the Gordano Valley ward of and the parish of Walton-in-Gordano, is not within a Conservation Area, and there are no designated or undesignated heritage assets within or adjoining the site. It is situated within Flood Zone 1 and is shown to be at low risk of flooding. The Severn Estuary (SSSI, SAC, SNCI) lies 200 metres to the north. No further policy designations apply to the site. The site is in an area that is designated as being in Flood Zone 1. The site is in SAC Bat consultation zone C. The Coastal Path (PROW LA17/11/30) runs along the top of the cliffs to Walton Bay, 180 metres to the north, with further footpaths (LA17/7/10 and LA17/8/30) to the west (through the Bay) and the east (through an agricultural field) linking Down Road to the Coastal Path. These are within 40 metres and 200 metres of the site respectively. Local services and amenities The site lies in the open countryside, 900m to the west of Portishead, in Walton Bay. Walton Bay comprises 15 dwellings fronting Down Road, with circa 70 Park Homes lying to the north, between the road and the coastal path. The nearest local amenities are to be found at Portishead, with the town centre 4km to the northeast, and the Local Centre at West Hill 3.2km to the east. The nearest schools are Gordano 3 | Page Planning permission in principle application Breezeland, Walton Bay, Walton-in-Gordano Secondary School within 3.5km, via Clapton Lane, and High Down Primary School 2.8km away. The Ship pub lies 1.3km to the east. There are bus stops within 100 metres of the site (outside The Bay site) though no services currently stop in Walton Bay, following the cancellation of the 88 service (Nailsea/Clevedon/Portishead) in April. It is understood that the Council are expected to provide a Walton Bay to Clevedon service, though no details of this are still awaited at the time of writing. Down Road is shown on the Council’s cycling map as a ‘Minor road suited to most cyclists’, and provides a direct route into Portishead, and into Clevedon via Nortons Wood Lane, part of the Avon Cycle Way (National Route 410), an 85-mile route around Bristol. This section of the route connects Clevedon and Pill, and links up with signed routes into Portishead (via The Sheepway/cycle route 26) and Bristol (via the Pill path/cycle route 41) PROPOSED DEVELOPMENT The proposed development is for a Permission in Principle for a single dwelling, in the rear garden of the existing dwelling, in place of an existing double garage. The area currently comprises hardstanding, the garage, a retaining wall (including storage area below), shed and greenhouse, as shown the photographs below. 4 | Page Planning permission in principle application Breezeland, Walton Bay, Walton-in-Gordano At this stage no further details are required to be provided although an illustrative layout is provided to demonstrate that the site could accommodate the maximum number of dwellings proposed. PLANNING CONTEXT In this case permission in principle is sought for the construction of a single 3 dwelling on a piece of land with a site area of 0.1ha. The scope of a permission in application is limited to: • Location; • Land use; and • Amount of development. Principle of Development The site constitutes a residential dwelling and curtilage. There is no planning history associated with the site. The site falls with the open countryside and the Bristol/Bath Green Belt, within the hamlet of Walton Bay. Policy CS33 restricts new residential development in the open countryside to replacement dwellings, residential subdivision, residential conversion of buildings where alternative economic use is inappropriate, or dwellings for essential rural workers. The proposal would conflict with policy 5 | Page Planning permission in principle application Breezeland, Walton Bay, Walton-in-Gordano CS33. However, the Council does not have a 5-year supply of housing land as such there should be a presumption in favour of development in accordance with paragraph 11 of the NPPF. Furthermore, the site is surrounded by development, with dwellings on either side of the site, and the park home site immediately to the north. Whilst Walton Bay comprises a number of dwellings and Park Homes, it lacks any meaningful facilities, and therefore it cannot be considered a village as identifiable on the ground, for the purposes of paragraph 145 of the NPPF. The case is made therefore that the site constitutes previously developed land, and the proposal would be not inappropriate Green Belt development, by virtue of paragraph 145g of the NPPF. DM12 also supports infilling (outside of settlement boundaries) where it does not extend beyond the perimeter of the existing buildings on the site, is visually contained, and sustainable in terms of proximity to settlements and services. Policy DM37 supports the redevelopment of private gardens in predominantly residential areas where it would not adversely affect the character of the area. Annex 2 of the NPPF defines PDL as “Land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed)…[excluding] land in built-up areas such as residential gardens” At Dartford Borough Council -v- SSCLG [2017] EWCA Civ 141, it was established that residential gardens outside of built-up areas constitutes PDL. There is no definition of a built-up area, and it is for the decision-maker to reach a conclusion on this matter. Walton Bay is a small hamlet, comprising 15 houses, and circa 70 park homes (excluding the static caravan site to the west). It has no streetlights or pavements, and no services. The houses are blended into the rural landscape, and a 40mph speed limit applies along Down Road. This last point is pertinent, as the 30mph speed limit applies to built-up areas with streetlights. The size and appearance of Walton Bay is such that it cannot be considered a built-up area, and therefore any residential gardens would not be excluded from the definition of PDL. The proposed dwelling would be erected in place of an existing garage, hardstanding, shed and greenhouse, and retaining wall structure, and would constitute limited infilling within the context of the site.
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