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Dover District Council Planning Committee – 17

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Dover District Council Planning Committee – 17 DOVER DISTRICT COUNCIL PLANNING COMMITTEE – 17 JANUARY 2013 REPORT OF THE REGENERATION AND DEVELOPMENT MANAGER a) DOV/12/00045 – Residential development of site for the erection of 41 dwellings, construction of a vehicular access, associated car parking and landscaping. Site rear of Old Park Close, Dover Reason for report: Requested by Members b) Summary of Recommendation Planning permission be granted. c) Planning Policy and Guidance Dover District Local Plan (DDLP) • ‘Saved’ Policy HS2 states that on unallocated sites within the urban confines housing development will be permitted provided housing is the most suitable use. • ‘Saved’ Policy OS2 states that proposals for new family housing comprising 15 units or more will not be permitted unless children’s play space is provided. Core Strategy (CS) • Core Strategy Policy (CS) CP5 requires all new residential properties to meet Code for Sustainable Homes level 3. • CS Policy CP4 requires development for 10 dwellings or more to respond positively to the housing market need, design and density. • CS Policy CP7 advises that the integrity of the existing green infrastructure network should be protected and enhanced. Planning permission for development that would harm the network will only be permitted if it can incorporate measures that avoid the harm arising or sufficiently mitigate its effects. Proposals that introduce greater pressures will only be permitted if they incorporate quantitative and qualitative measures as appropriate sufficient to address that pressure. • CS Policy DM5 seeks to ensure that applications for residential developments of 15 or more dwellings to provide 30% of the total homes proposed as affordable homes. The exact amount of affordable housing, or financial contribution to be delivered from any specific scheme will be determined by economic viability having regard to individual site and market conditions. • CS Policy DM13 states that provision for parking should be a design-led approach based upon the characteristics of the area, the nature of the development and design objectives South East Plan (SEP) • South East Plan (SEP) Policy CC1 states that the principal objective is to achieve and to maintain sustainable development. • SEP Policy CC4 requires development to incorporate sustainable construction standards and techniques. • SEP Policy CC6 states that decisions associated with the development and use of land should respect or enhance the character and distinctiveness of settlements and landscapes, and use innovative design processes to create a high quality built environment. • SEP Policy NRM5 advises that local planning authorities and other bodies shall avoid a net loss of biodiversity and actively pursue opportunities to achieve a net gain. National Planning Policy Framework (NPPF) • The NPPF has 12 core principles which amongst other things requires developments to; always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings. • Paragraph 109 advises that the planning system should contribute to and enhance the natural and local environment by: ●protecting and enhancing valued landscapes, geological conservation interests and soils; ●recognising the wider benefits of ecosystem services; ●minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures; • Paragraph 173 advises that pursuing sustainable development requires careful attention to viability and costs in decision-taking. Plans should be deliverable. Therefore, the sites and the scale of development identified in the plan should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened. To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable. The Kent Design Guide • The Kent Design Guide provides criteria and advice on providing well designed development. Affordable Housing – Supplementary Planning Document • Affordable Housing Supplementary Planning Document aims to alert developers and landowners as early as possible to the scale of local needs for affordable housing and the fact that planning obligations will be sought and conditions imposed on relevant planning permissions in order to achieve affordable housing as part of residential developments. The Council is keen that negotiations relating to affordable housing should be started early in the development process so that the cost of providing affordable housing can be readily anticipated within land purchase price and overall development costs. The Community Infrastructure Levy Regulations 2010 (CIL Regulations) These regulations came into force on 6 April 2010 and gave the Circular 05/05 tests legal force. Part of Regulation 122 of the CIL Regulations states that: "This regulation applies where a relevant determination is made which results in planning permission being granted for development. A planning obligation may only constitute a reason for granting planning permission for the development if the obligation is: a) Necessary to make the development acceptable in planning terms; b) Directly related to the development; and c) Fairly and reasonably related in scale and kind to the development. d) Relevant Planning History DOV/11/0801 - Screening Opinion for residential development – Decided (not EIA development) DOV/11/0865 - Clearance of mature woody scrub/young trees from land north of the ‘rabbit bank’ to facilitate the creation of grassland habitat. Six trees to be retained; two Sycamore; two Ash; one Hawthorn and one Cherry – Granted. e) Consultee and Third Party Response Tree Officer: On the whole the landscaping proposals are satisfactory, however the use of Carpinus Betulus Fastigate in some of the proposed locations is questioned. This tree has a pyramidal and compact form when young, but can attain widths of 10m in middle age and can be difficult to prune and manage. It is not considered suitable in some locations, particularly close to buildings. Senior Ecology Officer: The ecologist report is competent, no objection subject to all recommendations being implemented. A condition to require a further badger survey to be carried out if development has not commenced within 1 year. A financial contribution of £50 per dwelling should be paid towards the Thanet Coast SPA Mitigation Strategy. Kent Highway Services: No objection subject to conditions Environmental Health (land contamination): Comments regarding the land contamination assessment are awaited. Environmental Health (noise): The Environmental health officer has commented that a short-term noise survey was carried out on the 10 th February 2012 to see if the site is affected by traffic/rail noise as it overlooks large swathes of the town. It is confirmed that the site is unlikely to be effected by detrimental noise levels and therefore is considered to be acceptable. Housing Officer: The outcome of the viability assessment will inform the level of affordable housing or the equivalent financial contribution. (No updated comment has been received). Senior Infrastructure and Delivery Officer: Local and up to-date evidence indicates that there is an over supply of play areas in this part of the district and financing the maintenance is a burden. There is an equipped area of play in close proximity to this site at Colton Crescent; therefore the applicant should make a financial contribution towards the upgrade of this area rather than providing a new on site play area. The ‘Review of Play Area Provision 2012 – 16 October 2011’ identifies a contribution of £22,700. Mouchel on behalf of KCC: Advise that this development would have an impact on libraries, community learning and adult social services and request a total financial contribution of £15,422.88. Environment Agency: No objection subject to conditions. KCC Public Rights of Way Officer: The public footpath ER72 runs adjacent to the site. The path is currently un-surfaced and becomes muddy in wet weather. This development would result in increase use of the footpath. The path would benefit from improvements to the surface to ensure that the footpath can maintain an acceptable standard with increased use and also to provide an all weather safe route to the local schools and the bus stop avoiding walking on the roads. A contribution of £33,400 is sought. Kent Wildlife Trust: The site falls between two areas designated as a Local Wildlife Site (DO15). It is good to see that the applicant has considered biodiversity to be a material consideration. Kent Fire and Rescue Services: The means of access is considered to be satisfactory. Natural England: Advise that their standard advice should be considered Affinity (formerly known as Veolia Water): Comments awaited. Southern Water: There is capacity in the system for foul water disposal but not for surface water flows. Whitfield Parish Council: Object to this application for the following summarised reasons; • The Parish Council were not involved in the scoping for this application; • The Parish Council were not included
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