Castle Point Local Plan Examination 04/21 Matter 5: Housing Allocations

Local Policy HO16 Land at Oak Tree Farm, Hadleigh Hearing Statement

jb planning associates Chells Manor, Chells Lane, Stevenage, Herts, SG2 7AA e-mail [email protected] url www.jbplanning.com tel 01438 312130 fax 01438 312131

Castle Point Local Plan Examination Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

Contents

1 Q.132 ...... 1

2 Q.133 ...... 2

3 Q.134 ...... 2

4 Q.135 ...... 4

5 Q.136 ...... 4

6 Q.137 ...... 6

7 Q.138 ...... 7

8 Q.139 ...... 8

Appendices

Appendix 1 Ecological Statement

Appendix 2 Flood Risk and Drainage Statement

Appendix 3 Highways Statement

Appendix 4 Tree Report and Addendum

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Castle Point Local Plan Examination 1 Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

Matter 5: Housing Allocations

1. This hearing statement has been prepared by JB Planning Associates on behalf of Mr J D Armitage (landowner of the HO16 allocation) and CALA Homes and relates to the proposed allocation of land at Oak Tree Farm, Hadleigh (Policy HO16).

Issue: Are the proposed housing allocations justified, effective and consistent with National Policy?

Local Policy HO16 Land at Oak Tree Farm, Hadleigh

Q.132 What is the justification for the site capacity being ‘up to 65 new homes’?

2. In our Regulation 19 representations we raised an objection to Policy HO16 and the reference to the site capacity being ‘up to 65 new homes’. The evidence base supporting the submitted Local Plan (sLP) provides an inconsistent view of the site’s capacity as seen in the SHLAA 2018 schedule of sites (H-008) suggesting a capacity estimate of 61 dwellings whereas the large Site Capacity Assessment Update 2019 (H-013) suggests that the site’s capacity is 65 dwellings assumed to comprise of detached and semi-detached dwellings together with open space.

3. It is a generally accepted principle that site capacities in emerging and adopted Local Plan allocations are based on an estimate of site capacity often applying a gross site area and assumed density. However, the true capacity of a site can only really be tested and determined at the planning application stage where detailed site specific technical work will inform the amount of development appropriate given a whole range of factors such as detailed design, layout, site constraints, protection and retention of existing landscape features, highway access proposals to name but a few.

4. The site promoter’s preference is to avoid artificially constraining the capacity of the site through the use of the term ‘up to’. This concern has been discussed with Council Officers and we note that the Council are promoting a main modification (M10.63) to replace ‘up to’ with ‘around’. We note that this modification is to be made to all of the proposed housing allocations, demonstrating a consistent approach in recognising the restrictive wording of Policy HO16 which we support.

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Castle Point Local Plan Examination 2 Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

Q.133 With particular regard to the Great Wood and Dodd’s Wood SSSI, would the Policy be effective in protecting and enhancing biodiversity?

5. Part 3 of Policy HO16 sets out four requirements that development should follow and Requirement c requires that development ‘respects and retains, as far as possible the established hedge and tree-lined field boundaries’. Natural England commented on Policy HO16 at the Regulation 19 stage and while acknowledging the justification for HO16 set out in Paragraph 10.52 which highlights both the Belfairs LNR and the Great Wood and Dodd’s Wood SSSI designations their preference is that Policy HO16 should more explicitly seek the protection of these designations and how biodiversity can be effectively integrated into the development and achieving an overall net gain in biodiversity.

6. In response to this representation the Council are promoting a Main Modification to Policy HO16 (M10.66).

7. In order to determine whether this modification to the policy is required the Ecology Partnership on behalf of the site promoter has undertaken an initial Ecological Assessment of the site and produced a brief Ecological Statement which is at Appendix 1 of this Hearing Statement. While clearly further Protected Species Surveys will be required as part of the preparation of a planning application, we are satisfied that the Main Modification proposed and replacing policy requirement 3 c in the sLP will ensure that Policy HO16 is sound and we therefore support this proposed modification.

Q.134 Is the allocation of land for housing within an area of Flood Zone 2 and 3 justified in terms of the sequential test? Would the Policy be effective in applying the results of the Exception Test?

8. The Council have prepared a Sequential and Exception Test for Housing Site Options Review 2020 (CC-014) as well as providing, as part of the evidence base to support the sLP a Strategic Flood Risk Assessment Levels 1 and 2 (CC-009 and CC- 010).

9. The selection of proposed housing sites in the sLP was informed by an earlier Sequential and Exceptions Test paper prepared in November 2018 (CC-007). The latest review of these tests in 2020 (CC-014) has only arisen as a result of modest

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Castle Point Local Plan Examination 3 Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

changes to the housing land supply situation and continues to rely on the SFRA Level 2 2018 findings (CC-010).

10. In relation to the land at Oak Tree Farm, Hadleigh (HO16) the Sequential Test results confirms that 90% of the proposed allocation is within Flood Zone 1 with the remaining 10% being in Flood Zone 2 (3%) and Flood Zone 3a (7%). The results confirm that 30 dwellings are deliverable on the site in years 1-5 ie the 5-year housing land supply period.

11. In relation to the Sequential Test results for developable sites this suggests that the remaining estimated site capacity of 35 dwellings is developable within years 6-15 of the plan period. We are unclear how these judgments have been made and confirm that the full capacity of the site can be delivered in the first five years after the adoption of the plan.

12. Turning to the Exceptions Test results set out in Table 5 the Oak Tree Farm site is recorded as having significant positive impacts in relation to sustainability objectives relating to the provision of both market and affordable homes and minor positive impacts relating to other sustainability objectives such as landscape character, flooding and air quality.

13. The wider sustainability benefits of the proposed allocation deal with Part 1 of the Exception Test and we would add that the location of the proposed allocation is highly sustainable being within 10 minutes walking distance of Hadleigh High Street and two Primary Schools at Westwood Academy and Hadleigh Infants School. The site is also within a 5 minute walk of bus services along Daws Heath Road with the nearest bus stop being close to the junction of Daws Heath Road and Central Avenue.

14. The Exception Test Part 2 concerns flood risk management and safety and the Council’s assessment is that as the majority of the site (90%) is within Flood Risk Zone 1 then it is possible, through design, to avoid those parts of the site at risk of flooding which we would fully concur with. We would anticipate that the northern part of the site which is identified at most risk of flooding according to the Environment Agency’s records can provide areas for open space and biodiversity net gain and avoiding development in this small part of the overall allocation.

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Castle Point Local Plan Examination 4 Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

15. To support the Council’s evidence on flood risk, further site-specific evidence in relation to flood risk is provided at Appendix 2 of this Hearing Statement. This initial work confirms the position on flooding from rivers and surface water in so far as this affects the extreme northern part of the allocation. The statement also confirms that no development would be proposed within Flood Zones 2 and 3a and also confirms that a suitable sustainable drainage regime can be implemented taking account of the usual attenuation requirements for 1 in 100 year storm events and climate change.

Q.135 Would the policy be effective in minimising impacts on and providing net gains for biodiversity consistent with Paragraph 170 of the Framework?

16. It has been established in responding to Q.133 above that the policy as drafted in the sLP would not, in itself, be effective from a biodiversity point of view. However, the Main Modification promoted by the Council at M10.66 if accepted by the Inspector would ensure that this aspect of Policy HO16 can be found sound.

Q.136 What are the exceptional circumstances for the release of the site from the Green Belt?

17. While it is for the Council to demonstrate the exceptional circumstances for the release of the Oak Tree Farm site from the Green Belt enabling its development for housing the Inspector may find it useful to refer to the Calverton Judgement [2015] EWHC 1078 (Admin) where Justice Jay at Paragraph 54 set out, what has been referred to as the ‘Calverton test’ at other Local Plan Examinations1 which is as follows:

(i) “The acuteness/intensity of the objectively assessed need (matters of degree may be important); (ii) The inherent constraints on supply/availability of land prima facie suitable for sustainable development; (iii) (on the facts of this case) the consequent difficulties in achieving sustainable development without impinging on the Green Belt; (iv) The nature and extent of the harm to this Green Belt (or those parts of it which would be lost if the boundaries were reviewed); and (v) The extent to which the consequent impacts on the purposes of the Green Belt may be ameliorated or reduced to the lowest reasonable practicable extent.”

1 Welwyn Hatfield Local Plan Examination – now in its 4th year” jb planning associates hearing statement 04/21

Castle Point Local Plan Examination 5 Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

18. The sLP proposes to deliver 342 dwellings per annum (5,130 dwellings over the plan period) whereas the standard methodology requirement is 353 dpa (5,295 dwellings over the 15-year period). The appropriate housing requirement is to be discussed under Matter 4 and a separate Hearing Statement has been submitted on behalf of the Oak Tree Farm site promoters. To a large extent regardless of whether the housing requirement should be based on 342 dpa or 353 dpa there is clearly a demonstrable requirement to deliver housing to meet future housing needs of the Borough.

19. It is also highly relevant in the consideration of exceptional circumstances that 60% of the Borough is included in the Green Belt with the remaining 40% of the land area largely comprising built up areas, therefore there are very few opportunities to deliver sustainable development that does not involve the release of land from the Green Belt.

20. The acuteness of the OAN, the constraints on housing land supply and availability and the difficulties of delivering sustainable development without releasing land from the Green Belt demonstrates that points (i), (ii), (iii) of the Calverton test are clearly satisfied within the context of the sLP.

21. The Council have assessed the nature and extent of harm to the Green Belt arising from the release of the Oak Tree Farm site for development and it is highly relevant to note that of the 30 Green Belt Parcels assessed for their contribution to Green Belt purposes in the Green Belt Review Part 1 2018 (GB-001) 27 Parcels were found to make a very strong contribution to at least one Green Belt purpose2.

22. The Green Belt Review Part 2 2018 (GB-002) goes on to assess the harm to the Green Belt caused by releasing the proposed housing allocations providing a finer grain Green Belt assessment of harm than the earlier Part 1 assessment. The individual site assessments are set out in Appendix 1 and the assessment of the proposed Oak Tree Farm allocation is on pages 71 to 74. The assessment reiterates the judgements made for Parcel 8, in which the proposed housing site is located, from the Part 1 work before assessing the degree of harm to the Green Belt when applying the same three purposes to check unrestricted sprawl, prevent towns from merging and safeguarding the countryside; the judgements made on harm being

2 See Paragraph 6.32 of GB-001 jb planning associates hearing statement 04/21

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strong, minor and strong respectively, which is a lower overall assessment than may of the proposed housing sites in the plan.

23. The Part 2 Assessment also considered potential alternative Green Belt boundaries within the proposed housing site in order to determine whether a smaller allocation would be less harmful in Green Belt terms and concluded that there were no permanent features for the purposes of realigning the Green Belt.

24. Is worth noting that in relation to the harm rating when applying Purpose 2, preventing towns from merging, we would endorse the assessment that there would be only minor harm given that development of the proposed allocation on the eastern side of the built-up area of Hadleigh would not result in coalescence or the threat of coalescence between Daws Heath and Hadleigh as the site does not encroach in to critical gap that exists between these two settlements.

25. Based on this evidence we conclude that points (iv) and (v) of the Calverton test approach have been properly assessed and considered by the Council in demonstrating that exceptional circumstances exist for the Oak Tree Farm site to be released from the Green Belt for housing development.

26. Finally, the Calverton case is very helpful in confirming that whether or not exceptional circumstances exist to release land from the Green Belt is largely a matter of rational judgement between competing considerations and the weight to be assigned to those considerations in order to arrive at an objective decision. We note that the Council has itself referred extensively to the Calverton Judgment and its importance in the Green Belt Topic Paper (GB-003).

Q.137 Is the proposed Green Belt boundary justified and consistent with National Policy as set out in Paragraph 139 of the Framework?

27. The proposed site allocation is defined by physical boundary features to the north east and south those being the Prittle Brook water course and tree belt to the north, tree belt to the east and the Poors Lane bridleway and tree belt to the south. Together these physical features provide a well defined alternative Green Belt boundary that is likely to be permanent consistent with Paragraph 139 f of the Framework.

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Castle Point Local Plan Examination 7 Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

Q.138 Are there any matters which would mean that the site is not deliverable or developable as per Framework definitions?

28. Our Regulation 19 representations have highlighted that the Oak Tree Farm site is deliverable within 5-years consistent with the definition in the Framework. The site promoters are committed to working with the Council on delivering a Masterplan for the site allocation and to progress pre-application discussions, understanding the application may not be approved before the Local Plan is formally adopted and the site released from the Green Belt.

29. The site promoters also consider that the allocation is developable within the definition set out in the Framework and in particular consider that the proposed allocation is in a suitable location for housing development given its overall sustainability and accessibility to local services and facilities through active travel without reliance on the private car.

30. In this respect, we have, as part of our Regulation 19 representations, promoted an amendment to Policy HO16 that acknowledges that the site benefits from an existing second access off Poors Lane and that this access should be investigated further through the master planning process.

31. We note the Council’s proposed Main Modification M10.67 which while continuing to refer to the main vehicular access from Central Avenue proposes to include additional wording to policy requirement 3 f to allow for improvements to be made to active and sustainable travel infrastructure to promote modal shift and to promote connectivity to services, jobs and to the natural environment.

32. In principle, the site promoters support this provision and consider that retaining an access to Poors Lane will facilitate not only the improvements to active and sustainable travel, given that this access is the most direct connection to local schools and Hadleigh High Street, but will also assist in distributing traffic from the development by utilising both Central Avenue and Poors Lane.

33. To assist the Inspector, a brief Highway Statement is appended at Appendix 3

34. of this hearing statement. This statement confirms that the existing accesses off Central Avenue and Poors Lane are suitable to serve the development.

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Castle Point Local Plan Examination 8 Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

35. In order to improve the access of Poors Lane, it will be necessary for an existing oak tree to be removed. The condition of this tree has been investigated and a Tree Report together with a recent Addendum is produced at Appendix 4.

36. The conclusions are that the Highway Authority are advised to undertake a risk assessment and a PICUS survey to determine the health and safely to road users and pedestrians using the bridleway. The Arboriculturist’s view is that the risk to safety is high.

37. Due to the condition of the tree, it has been categorised as Grade C. Photographs of the tree can be found in the tree report and also in the Highway Statement at Appendix 3.

Q.139 Are the proposed Modifications necessary for soundness?

38. Throughout this Hearing Statement we have been making reference to the Council’s proposed Main Modifications insofar as these relate to Policy HO16. In principle, the site promoters support these Modifications as being necessary in order to ensure that Policy HO16 is sound. The Modifications help to clarify, in more precise terms, the policy requirements that need to be considered in bringing forward a future planning application. Our only departure from the Modifications proposed concern Policy Requirement 3f and the need to identify the secondary access of Poors Lane in the interests of delivering active travel and also to assist the distribution of traffic from the development should this be considered appropriate.

JB/1520/sf 8 April 2021

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Castle Point Local Plan Examination Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

Appendix 1

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avoid/mitigate/compensate for any impacts upon the neighbouring designated site, will need to be incorporated into this policy.

Figure 1: Redline boundary

Figure 2: Redline in relation to the Great Wood and Dodd’s Grove SSSI and Belfairs LNR

The site is located within 10m of the Great Wood and Dodd’s Wood SSSI and is located within the

‘impact risk zone’ which identifies that residential development of 100+ new homes would be considered an impact and would require consultation, with a further ‘impact zone’ identifying the need for consultation for a 50+ unit scheme. The SSSI is approximately 20m from the redline boundary.

Great Wood and Dodd’s Wood is broad-leafed, mixed and yew woodland (W10/W8 mosaic), approximately 33ha, with units favourable and unfavourable recovering condition. The site is known to support the Heath Fritillary, albeit the extent of suitable habitat is considered to be borderline. A management plan for supporting the population of the Heath Fritillary has been adopted. The site supports various rare plant species including orchids.

Belfairs LNR, which is functionally linked to the Great Wood and Dodd’s Wood is also semi natural ancient woodland and supports the Heath Fritillary and supports a known dormouse population.

Natural England have commented (Ref 303582) on the Local Plan Regulation 19, Habitats

Regulations Assessment and Sustainability Appraisal for Castel Point Local Plan. Consideration of these have been made.

Broad site assessment Northern Parcel:

• Northern parcel is dominated by managed grassland, currently manged for hay and cut once

a year. It has been improved historically. This section of the site has also been historically

grazed. Sections of the grassland supports high levels of lawn moss, with some herb species

present.

• The northern parcel has significant edge features. The northern edge of the site supports a

defunct hedgerow with mature oak trees, a stream with a number of traditional hedgerow

species (hawthorn, blackthorn, dog rose, holly, gorse, with ash and beech). The eastern edge of the site supports a dry ditch located between two hedgerow lines, with the hedgerow dominated by blackthorn. The southern hedgerow is also dominated by blackthorn. Willow

pockets and a pond is located to the south of this hedgerow. These hedgerow features have not been identified for their historic purposes. Ecologically, these form strong habitat features, and have the potential to be ‘important’ under the regulations.

• An active badger sett was located between the north and southern parcel (located between the two field boundaries). This appeared to support a number of excavations.

Broad site assessment Southern Parcel:

• Southern parcel: this section of the site forms a mosaic of habitats which include; tussocky grassland, scrub and saplings, portions of woodland, with the distinctive tree lines around the parcel edges (with mature oaks with TPOs). A pond is also present (along the north eastern

edge) and a small apple orchard is also present. Orchards and woodland are priority habitats. • The southern parcel supports two barns and a green house, with some areas which have been impacted by previous development.

• The southern parcel also supports some areas of invasive cherry laurel which extends along the eastern and southern aspect. Also present are cypress trees on the western aspect of the site and the southern.

Key Points: • The forthcoming Environment Bill (2020) requires a net gain in biodiversity on development

sites. The current requirement set within the Bill is 10% net gain.

• From review of both fields, the north being more managed grassland and the southern being

a mosaic of habitat, a net gain would be achievable across the wider site, if development is

concentrated in the northern aspect, and a significant buffer along the eastern edge of the site

is maintained. This buffer would respect the oaks, maintain the thick hedgerows. The buffer

would have to be outside private ownership. The southern field supports habitats of high

distinctiveness (in terms of the DERA metric), notably woodland, native scrub and orchard

habitat. Recommendations for maintenance of woodland, maintenance of sections of scrub

and grassland, would be made. The extent of this would be dependent on protected species

surveys (dormice / reptiles etc).

• The southern portion would be subject to a much lower density of development, to reflect the

nature of the current setting. Development should focus on areas which support current

buildings / previously impacted areas. The southern boundary will also be subject to creation

of a buffer zone along the edges to prevent egress and indirect impacts into the SSSI / LNR. • Development would have to be supported by protected species surveys; notably dormouse surveys in then hedgerows and scrub edges and reptile surveys, most notably within the

southern aspect and great crested newt surveys (eDNA) in the pond. A badger survey is also recommended. • Enhancements in line with policy NE1, Green Infrastructure can be included, notably

strengthening existing hedgerow around the edges of the site, and provision of new ecological features, such as further tree and scrub planting, provision of swales (ponds / reedbeds) and provision of enhanced grassland habitats. 4

In response to Natural England’s Regulation 19 representations set out above the Council are promoting a Main Modification to Policy HO16 through the inclusion of a more specific ecological policy requirement. M10.66 proposes the following new policy requirements: c. Adopt an approach to wildlife that protects and enhances the adjacent SSSI, and results in a measurable net gain in biodiversity. Where greenways are provided as part of the design for this site, they should avoid or otherwise manage recreational disturbance in the adjacent SSSI including access from Poors Lane to the SSSI;

We would support this Main Modification and would recommend that a future planning application is: • Subject to comprehensive ecological assessment including protected species surveys where considered necessary (likely dormice and reptiles with badgers and eDNA for GCNs) and an

EcIA.

• Provision of ecological buffer zones along the edges, notably the eastern edge of the site to

enhance the hedgerow and prevent indirect access in to the offsite woodlands (Great Wood &

Dodd’s Wood SSSI). This can include, but not be limited to; creation of thorny buffer strips,

fencing etc. This buffer must be outside private ownership to ensure a sensitive management

regime.

Photo 1: Northern field

Photo 2: Northern field boundaries

Photo 3: The pond located on the southern field, northern edge

Photo 4: Southern field mosaic

Photo 5: Southern field scrub pockets with tussock grassland and log piles. Potential for reptiles

Photo 6: Southern portion of the site with pockets of mature scrub and some woodland habitat. Potential for dormice

Photo 7: Cherry laurel

Photo 8: Southern portion of the site supporting barn

Photo 9: Southern portion of the site with greenhouse

Photo 10: Apple trees present in the southern field

Photo 11: Cyprus trees present along the south western edge of the site

Castle Point Local Plan Examination Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

Appendix 2

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Castle Point Local Plan Examination Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

Appendix 3

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Oak Tree Farm, Central Avenue, Hadleigh Highways Statement April 2021 Report Ref: 26492-08-TN-01 Rev A

A secondary access into Central Avenue is also available via Poors Lane, Sherwood Close and Southfield Drive. On that basis accessibility to Central Avenue is good and is suitable to serve the proposed development.

Figure 2: Central Avenue access area

The existing site access from Poors Lane provides a suitable secondary access serving part of the development. Poors Lane is approximately 5.5m wide with 2m wide footways and large tree lined verges. At Daws Heath Road/Rectory Road, Poors Lane forms a T-junction with right turn lane and good visibility is noted in all directions. On street parking is noted in the area where the Bridleway and Great Wood commences adjacent to the site boundary.

The Poors Lane access in to the site is shown in Figure 3 below. To achieve access in this location, an existing highway tree outside No. 53 Poors Lane would need to be felled and this is substantiated in a tree report on behalf of Mr J D Armitage. The report cites the existing activities (high footfall and on street parking) as well as any proposed access would result in the tree needing to be lost. With the tree removed, the existing driveway for No.53 could be modified within the highway boundary and access achieved.

Whilst a secondary access is not considered essential to deliver the development proposals, with access from Central Avenue sufficient in isolation, the opportunity exists to consider vehicle access from Poors Lane and so will be explored further and could assist in distributing traffic from the development. In any event pedestrian and cycle connectivity will be provided onto Poors Lane to link with the existing footway provision and bridleway network.

Oak Tree Farm, Central Avenue, Hadleigh Highways Statement April 2021 Report Ref: 26492-08-TN-01 Rev A

Figure 3: Poors Lane access area

Sustainability The site is located in a sustainable location close to a variety of local amenities and facilities. Paragraph 103 of the NPPF states:

‘Significant development should be focused on locations which are or can be made sustainable, through limiting the need to travel and offering a genuine choice of transport modes.’

When considering relevant criteria for assessing accessibility to key amenities and facilities the following guidance is noted:

• The NPPF does not specify walking or cycling distance criteria.

• The Chartered Institute of Highways (CIHT) publication, Providing for Journeys on Foot (2001) identifies a ‘preferred maximum’ acceptable walking distance of 1200m.

• Planning for Walking (CIHT, 2015) provides the following guidance, “Most people will only walk if their destination is less than a mile away.” 1 mile is equivalent to circa 1.6km and therefore all of the facilities and amenities are within this distance.

• Manual for Streets (2007) discusses ‘walkable neighbourhoods’ which typically have a range of facilities within 10 minutes walking distance (circa 800m), however, MfS also states that 800m is not an ‘upper limit’ and refers back to the 2km advice previously provided in PPG13.

• The DfT National Travel Survey (England) 2017, found that, walking constitutes 22% of all journeys made in a year, and that approximately 4 out of 5 (76%) of all walking trips were under a mile (1.6km).

Oak Tree Farm, Central Avenue, Hadleigh Highways Statement April 2021 Report Ref: 26492-08-TN-01 Rev A

• The DfT National Travel Survey (England) 2017 found that nationally, approximately 2% of people who commute do so principally by cycle. Approximately 14% of the population aged five and over cycle at least once a week, cycling for an average of 23 minutes which equates to approximately 5.5km (based cycling speed of 4.4m/s (9mph or 14.4kph), taken from Local Transport Note 1/86).

• The Chartered Institution of Highways and Transportation’ (CIHT’s) ‘Buses in Urban Developments’ document which now recommends a 300m walking distance for ‘less frequent routes’ (every 12 minutes or better is deemed high frequency).

When considering the proximity of local amenities and facilities to the site the following is observed:

• Great Wood is located immediately to the south of the southern site boundary and accessible from the bridleway extending from Poors Lane. This area provides extensive leisure walking routes.

• John Burroughs Play Ground is located off Rectory Road and approximately 400m to the south west of the site and is accessible via existing footways along Pools Road.

• To the south of the site and within a 1km walking distance of the site is Hadleigh town centre where a number of facilities are located. These amenities include:

o Several supermarkets (Morrison, Lidl, Iceland) o Banks o Takeaways and restaurants o Various other convenience amenities and shops o The Hollies Surgery o Hadleigh Junior School o Hadleigh Infants and Nursery School

• To the north west of the site and approximately 1.4km walking distance via Public Rights of Way through West Wood, The Enhanced Wood Pre-school and Deans secondary school and sports centre can be accessed.

• Local Primary Schools at Westwood Academy and Hadleigh Infant School are within 10 minutes’ walk to the west and south of the site’.

All of these amenities are accessible via existing footways and all are within suitable walking distances as defined within guidance noted above.

In addition, bus service number 3 operates along Daws Heath Road with stops located close to the Central Avenue junction. This service is located within 300m walking distance of the site and provides access to Chelmsford and Southend-On-Sea.

Summary To summarise the key points outlined above:

• The development proposal will generate approximately 40 vehicles in the peak periods.

• Central Avenue will provide the primary access into the site and this will be achieved through a continuation of the existing cul-de-sac which terminates on the site boundary. This location is suitable to serve the development proposals.

Castle Point Local Plan Examination Hearing Statement for Mr J D Armitage and CALA Homes Matter 5

Appendix 4

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Tree Report For Highway land outside 53 Poors Lane, Hadleigh SS7 2LA

On behalf of Mr John Armitage

All rights in this report are reserved. No part of it may be reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or stored in any retrieval system of any nature, without written permission of the author. Its content and format are for the exclusive use of the addressee in dealing with this site. It may not be sold, loaned, hired out or divulged to any third party not directly involved in this site without written consent.

Prepared by: Lynn Cameron MAborA

March 2019 Updated April 2021

Table of Contents

Section

1 Purpose of report

2 Introduction

3 Appraisal

4 General Observations and Conclusions

Appendices

1 Photo of Tree Location

2 Tree survey sheets

3 Arboricultural terms definition

1 Purpose of Report The purpose of this report is to provide Arboricultural advice in relation to the Oak tree situated on highway land, outside no 53 Poors Lane, Hadleigh SS7 2LA and adjacent to the farm access, off Poors Lane, to land in the ownership of Oak Tree Farm, Sherwood Crescent, Hadleigh SS7 2LF. A site inspection was carried out on 29th March 2019 when the conditions were clear and dry.

1.1 Qualifications and experience: I hold the professional membership qualification for the Arboricultural Association – MarborA.

I have been employed by local government as a tree officer since 1989 until my retirement in 2018, working for two local Authorities during that time, where my duties included dealing with planning applications for works to protected trees; trees in relation to construction (BS5837); making and serving Tree Preservation Orders (TPO) and dealing with applications for works to protected trees.

I have based this report on my site observations and the information provided by the client, and I have come to conclusions in the light of my experience.

2 Introduction

2.1 Brief To provide a tree report on behalf of the applicant, Mr John Armitage, for an Oak tree on highway land adjacent to 53 Poors Lane, Hadleigh in response to enquiries made to access the land behind his property Oak Tree Farm, Sherwood Crescent, Hadleigh via an existing farm gate onto the land.

2.2 Related information and documents: The owner of Oak Tree Farm, has advised that there is a local authority Tree Preservation Order (Castle Point Borough Council) on the Oak tree and it is also situated on Essex County Council Highway land.

3 Appraisal:

3.1 Brief site description: The site is situated at the cul-de-sac head of Poors Lane, adjacent to the Poors Lane Bridleway. The tree is on highway land, approximately 5m south east of the farm access to land at Oak Tree Farm, Sherwood Crescent. (Site location plan shown as Appendix 1).

The tree is in front of 53 Poors Lane and is partially over the eastern access to the property, restricting the height of vehicles accessing the property.

3.2 Description of the trees: T1 - is a mature Oak (Quercus) located on highway land. It is about 15m in height with a dbh of 2.48cm at 1.5m from ground level.

It has an abnormal form with the lower trunk leaning towards the east before growing upright from a height of about 1m. The tree has a large selection of wounds all over the trunk where it has been historically struck by a number of vehicles and this was confirmed by local residents. In addition, at the base of the lean, at ground level, there is a large cavity which when probed, extended internally to approximately 25cm. The cavity was dry at the time of the inspection.

The remainder of the tree appeared to be in good condition and was beginning to come into bud. As previously stated, this tree is protected by a Castle Point Borough Council TPO and is situated on Highway land.

4 General Observations and Conclusion

4.1 The form of the tree forces all vehicles but most particularly high side vehicles to swing across the cul-de-sac to gain access to the land. Inevitably, there will be mis-judgement and the tree will be hit causing further blemishes on the trunk. If parking was prevented in the head of the cul-de-sac this would give the vehicles a better swing to the right before straightening to gain access to the gate. Unfortunately, as was apparent and confirmed local residents, the head is continually used for parking by dog walkers using the bridleway.

4.2 The gate in Poors Lane is in constant use by the owner. Therefore, the tree needs to have some form of protection applied to the trunk, ie matting or something such as immersion tank jacket. This is required as, the upper part of the tree, because of its form, is likely to be damaged by passing vehicles. A root protection zone is not necessary as required under BS5937: 2012 Trees in relation to design, demolition and construction. Recommendations, as the roots are already covered by hard surfaces.

4.3 Of main concern is the cavity in the base of the tree, particularly the main weight of the whole tree is over the same side of the tree as this cavity. There is a high risk of failure in the tree due to the cavity and the form. As the tree is adjacent to the highway, if this was a cul-de-sac with no access to the bridle path which is in constant use by walkers, horse riders and vehicles parking in the locality then the risk would not be quite as great, but given the high footfall by all users, and the damage that could be caused by vehicles using the farm gate to access the land, it is considered that on balance the tree should be felled.

4.4 The owner of Oak Tree Farm, has confirmed, that he would be willing to clear some of the unprotected Laurels just inside his land, adjacent to the gate, to allow replacement planting to be carried out on his land. This would mean the new tree would be visible from Poors Lane and would compensate for the loss of the current Oak tree.

Appendix 1

Photo of Tree Location

Appendix 2

Tree survey sheets

Tree Survey Report

Inspector: Lynn Cameron Inspection Date: 29th March 2019 Site: Highway land outside 53 Poors Lane, Hadleigh SS7 2LA

KEY:

Age Class: NP Newly planted Y Young MA Middle age M Mature OM Over Mature V Veteran

Work Priority: Urgent Works required immediately to make a tree safe Very high Works required within 30 days High Works required within 90 days Moderate Works required as part of scheduled maintenance. Low Works required are of the lowest priority and may be done if the budget allows None No works required or no target exists or is excluded

Inspection Frequency: Urgent Carry out a detailed inspection of the aerial parts and/or with the use of decay detection equipment at soon as can be arranged Very high 6 months inspection High 12 months inspection Moderate 18 month inspection Low 3 year inspection Very low 5 year inspection None No target exists or is excluded

Site Personnel Contact Information

As far as I am aware the only personnel associated with this site at the time of writing this report is the site owner. Table 1 shows the contact details of the site owner who is to be contacted if any enquires relating to this project need answering.

Table 1

Name Relation to Site Contact Details

Tree Officer, Castle Point Local Authority Tree Officer Borough Council – Tree Preservation Order

Arboricultural Officer, Essex Local Authority Tree Officer County Council - Highways

Appendix 2

TREE SURVEY SCHEDULE

Client: Mr John Armitage Site: Highway land adjacent 53 Poors Lane, Hadleigh Date of Survey: 29th March 2019 Surveyor: Lynn Cameron Weather: Fine/Dry/hot

Overall Height of Estimated Category Tree Species Height Stem Canopy crown Age Condition Preliminary remaining grading Ref Diameter Spread clearance Class Management contribution no m mm m recommendation years Poor form. Lean at about 1m before 1 Oak 15/20m 248 12m 2.5m M Fair straightening. Cavity at base below the lean. 10 C Number of historic wounds on the main trunk. Highways should be advised that it is recommended that a risk assessment and a PICUS survey should be carried out on the tree to determine health and safety to road users as the risk to safety is considered high. Therefore, if the tree is not felled, it should be checked every 6 months, at a minimum, to review safety, particularly after strong winds.

Appendix 3

Arboricultural Terms Definitions

Arborist / An arborist, or (less commonly) arboriculturist, is a professional in the practice of Arboriculturist arboriculture, which is the cultivation, management, and study of individual trees, shrubs, vines, and other perennial woody plants.

BS 5837: 2012 Trees in relation to design, demolition and construction. Recommendations. This is the British Standard recognised as good practice for when a development has trees on the site.

Crown lifting Crown lifting involves the removal of the lower branches to a given height. The height is achieved by the removal of whole branches or removing the parts of branches which extend below the desired height. The branches are normally not lifted to more than one third of the tree's total height.

Crown thinning A form of pruning in which individual branches are removed from the crown to reduce its density without (primarily) reducing its extent. Alternatively, in forestry, crown thinning is a thinning type.

Tree Preservation A Tree Preservation Order is a part of the Town and Country Planning Act in the Order (TPO) United Kingdom. A TPO is made by a Local Planning Authority to protect specific trees or a particular area, group or woodland from deliberate damage and destruction. TPOs can prevent the felling, lopping, topping, uprooting or otherwise wilful damaging of trees without the permission of the Local Planning Authority, although different TPOs have different degrees of protection.

Addendum Tree Report For Highway land outside 53 Poors Lane, Hadleigh SS7 2LA

On behalf of Mr John Armitage

Prepared by: Lynn Cameron MAborA

April 2021

1 Purpose of Addendum The purpose of this addendum is to provide an update to the Arboricultural Report dated March 2019 provided in relation to the Oak tree situated on highway land, outside no 53 Poors Lane, Hadleigh SS7 2LA and adjacent to the farm access, off Poors Lane, to land in the ownership of Oak Tree Farm, Sherwood Crescent, Hadleigh SS7 2LF.

2 Introduction

3 General Observations and Conclusion

3.1 The 2019 has been reviewed and there are no changes required to the report at this time.

3.2 If planning permission was to be granted for the proposal then this would over-ride the Tree Preservation Order. Further enquiries would have to be made with Essex County Council as to their procedure for the removal of the tree.