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Cabinet Barkby Road Syston.Doc, Item 735. PDF 5 MB TH REPORT TO CABINET – 11 NOVEMBER 2003 JOINT REPORT OF DIRECTOR OF COMMUNITY SERVICES AND DIRECTOR OF HIGHWAYS, TRANSPORTATION AND WASTE MANAGEMENT HALLAM LAND MANAGEMENT – ERECTION OF 340 DWELLINGS AND ASSOCIATED OPEN SPACE, LANDSCAPING AND SURFACE WATER BALANCING AND NEW ACCESS ROAD TO THE RIDGEMERE CENTRE, LAND TO THE NORTH AND SOUTH OF BARKBY ROAD, SYSTON (CHARNWOOD BOROUGH) 2001/2462/02 – Received by L.C.C. on 26th October 2001 Purpose of Report 1. The purpose of this report is to obtain Members responses on a major new housing proposal at Syston, which is the subject of consultation with the County Council. A threefold response to the Borough Council is required, setting out County Council’s views as: (i) strategic planning authority ; in accordance with the procedures set out in Para 1 of the Schedule to the Town and country Planning Act 1990; (ii) highway authority, under the provisions of Article 10 of the Town and Country Planning (General Development Procedures) Order; and (iii) service provider for the various County Council functions, in the context of the supplementary planning guidance on ‘Requirements for Developer Contributions’ adopted by the County Council in 2001. 2. The report also provides the opportunity to update Members on the circumstances relating to this development proposal since it was considered by the Regulatory Board at its meeting in December 2001. It sets out the progress made towards the adoption of the Local Plan and the status of the application site within that document, insofar as they impact on the decisions of the County Council. Also, it highlights any changes in the actual proposal itself, since the previous consideration by the Regulatory Board. 3. Part B of this report provides an amended version of the original report to the Development Control and Regulatory Board and sets out details of the proposal, the relevant policy considerations in Appendix A (including the latest changes in the Draft Local Plan), and an assessment of the material planning considerations. This forms the basis of the recommended response of the County Council as strategic planning authority and in regard of the request for 2 developer contributions towards County Council service facilities and infrastructure provision. A separate Appendix B is attached that deals specifically with the highways and transportation issues surrounding the proposal, including an assessment of the relevant matters that leads to a recommended response to the statutory consultation with the County Council as Highway Authority. Recommendations A. Response of the County Planning Authority: 4. Charnwood Borough Council be advised that:- The County Planning Authority (CPA) has no strategic planning objections to the proposals, in the context of national policy guidance, approved Structure Plan policies, the Borough-wide Local Plan (as modified) and the Inspectors’ report on the local plan inquiry. The proposed development would provide for a significant proportion of strategic housing requirements in the Borough Council area up to 2006, and additional capacity towards future housing requirements in the Replacement Structure Plan up to 2016. 5. The CPA’s support for the development is subject to the following requirements being secured through appropriate legal agreement, conditions and negotiation with the applicant:- (i) provision of appropriate off-site highway improvements and traffic management measures, details of which shall be confirmed by the County Highways Authority, to support the development. Such measures should be made available in accordance with a phased programme of provision, also to be agreed between the Borough Council and the County Highways Authority. (ii) provision of appropriate measures to secure improved transport choice facilities into and within the development, including a viable public transport service and specified pedestrian and cycleway links; (iii) delivery of a mixed housing development at a minimum density of 30 dwellings/ha (net), including appropriate levels of affordable and social housing provision, being secured within the development; (iv) developer contributions being secured towards the provision of community facilities and infrastructure requirements arising from the development, including provision for additional school places generated by the development. The scale and phasing of such contributions is to be negotiated and secured by the prior completion of a legal agreement with the developer. The County Council seeks the continued opportunity to be involved in negotiations and the terms of the legal agreement. 3 B. Response of the County Highways Authority: 6. Charnwood Borough Council be advised that, notwithstanding the views of the Local Plan Inspector, the County Highway Authority (CHA) has serious doubts about the effectiveness of the proposed transportation improvements (as set out in the applicant’s revised submissions). Nevertheless, given that the package of improvements are broadly based on those outlined at the earlier Local Plan Inquiry and the Inspector’s acceptance of these type of measures, on balance it is unlikely that a fundamental highway objection could reasonably be sustained. 7. If the Borough Council is minded to approve the application, it is recommended that the Director of Highways, Transportation, and Waste Management be given delegated authority to negotiate the terms of the transportation elements of any Section 106 Agreement, to safeguard the CHA’s interest and subsequently submit a further report to the Cabinet seeking approval to the highway elements of the legal agreement. C. Response on Developer Contributions: 8. It is recommended that the Borough Council be advised that the following items should be secured through appropriate Section 106 legal agreements and/or conditions of any planning permissions: (i) the implementation of highway improvements and traffic management measures, details of which shall be agreed by the County Highway Authority; (ii) An appropriate sum (yet to be agreed) towards the extension and improvement of bus service into the development site; (iii) An appropriate sum (yet to be agreed) towards cycleway network and pedestrian links in the area; (iv) £673,341 towards the cost of additional secondary education facilities in the locality, being the appropriate calculation for such requirement, based on the latest up-to-date Department for Education and Science (DfES) cost-multipliers for 11-16 year olds and 16+ year group; (v) Further discussions are necessary to secure the payment profile of the education contribution, depending on the phasing of the proposed new development; (vi) In the event of funds becoming available for additional community based facilities at County Council premises from the contributions offered towards community/recreation facilities, the Education Authority is willing to be involved in negotiations on the type, location, and costs of such facilities; (vii) £10,000 towards the provision of additional library facilities (stock and ICT installations) at Syston Library (payable to the County Council, not the BC as implied in the draft ‘heads of terms’); (viii) £6,000 towards the cost of enhanced civic amenity site facilities in the Charnwood area (payable to the County Council, not the BC as implied in the draft ‘heads of terms’). 4 9. The County Council wishes to remain involved in the finalisation of terms within the Section 106 legal agreement, especially in the context of items (i) - (vi) above. All figures should be index linked to account for price inflation. (It is recommended that officers of the relevant departments be given delegated authority to negotiate the precise terms of the Agreement, based on the above resolution). Reasons for Recommendation 10. The submitted planning application (as revised) provides for a major housing development on the east side of Syston that has significant implications for the fulfilment of strategic housing requirements in the approved Structure Plan (up to 2006). It also has associated implications for the provision of transportation and community/service facilities in the locality. It is essential that, in the event of planning permission being granted for the development, appropriate solutions and/or contributions be secured towards the following: (i) public transport measures/contributions and cycleway initiatives to meet the County Council’s sustainability objectives and assist in the provision of transport choice; (ii) highway improvements and traffic management measures to mitigate the impact of traffic generated by the development; (iii) additional educational facilities to accommodate the needs of additional pupils arising from the development; (iv) community facilities, including the additional demands placed on the local library and civic amenity provision for the locality; (v) safeguarding and improvements to the rights of way network. Timetable For Decisions 11. Charnwood Borough Council intends to consider its decision on the submitted planning application and related legal agreement at its meeting on 27h November. The County Council’s response is required in time for this meeting, so that the contents and implications can be taken fully into account in the determination process. 12. Until such time as the Borough Council is able to determine this application, it seems likely that the applicant’s legal challenge to the Council’s decisions on other housing allocations in the Borough will remain extant. This situation has an adverse impact on progress
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