Application for outline planning permission for one detached 3 bedroom dwelling with all matters reserved

The Hyde Farm Little Yeldham Road Little Yeldham CO9 4QX

PARTICULARS

DOCUMENT TITLE Planning Statement

PROPOSAL Application for outline planning permission for one detached 3-bedroom dwelling with all matters reserved

APPLICANT DETAILS Charles Gardiner & Co.

SITE DETAILS The Hyde Farm Little Yeldham Road Little Yeldham Halstead CO9 4QX PREPARED BY Melanie Bingham-Wallis

AGENT DETAILS Foxes Rural Consultants Ltd Foxes House Foxes Lane Eight Ash Green Colchester CO6 3PS

Introduction This application is submitted for outline planning permission for one detached 3-bedroom dwelling with all matters reserved on Land at Hyde Farm, Little Yeldham. (“the application site or the site”).

The application is submitted on behalf of Charles Gardiner & Co (“the applicants”).

Application Site The application site is on the corner of Hydewood Road and Little Yeldham Road. There are a mixture of residential and agricultural buildings forming the character of the area surrounding the site. The development in this area follows a historic linear pattern along Little Yeldham Road. The houses in the area are a mixture of age, size and design. The site is currently occupied by a single storey mono-pitch open cart lodge and an outbuilding.

Immediately west of the site is a weatherboarded agricultural barn which has planning permission for a residential dwelling under planning approval 19/00504/FUL.

Planning History 10/01599/FUL - Erection of 1 no. four bed dwelling – Refused. This application is 11 years old and pre the NPPF adoption and current position relating to the Council 5 year housing supply. The determination of this application was for a different proposal in terms of character and planning policy assessment.

Design The indicative layout plan which accompanies this application illustrates development of 1 detached dwelling accessed onto Hydewood Road through a single entrance point.

The design of the individual dwelling is left to reserved matters. The design will however be similar to other houses within the surrounding area such as they may have rendered plaster or brick walls, slate or tile roofs and in keeping with any requirements of development policy.

The design and layout of the property demonstrates that there is sufficient parking and private amenity space. The footprint of the proposed property can be comfortably accommodated within the proposed plot to comply with the Council’s requirements in relation to private amenity space.

The application is in outline form only with all matters reserved and as such the detailed design of the dwellings is reserved for later consideration. However, the indicative layout facilities a design which would meet the Council’s identified design requirements.

Layout Residential development in this location would be in keeping with the existing pattern of development and would therefore appear as part of the established developed area and not intrusive into open countryside. The proposal would therefore not appear prominent and out of character in this location being set against a cluster of buildings both residential and agricultural.

Access and Parking Access to the dwelling is directly from Hyde Road. There will be a single access point which leads to the car parking and garage as per the site layout plan. The application includes the provision of off-street parking. Two car parking spaces are provided – one in a garage property and it is confirmed that the internal measurements of the parking space is 5.5m x 2.9m. There is enough turning space for vehicles to enter and exit the site in forward gear.

Local Service and Amenities

19/00504/FUL – Conversion of redundant agricultural building to form 2 new dwellings and annexe to be used as ancillary accommodation to the existing dwelling The Old Hyde and construction of detached workshop building | The Old Hyde Little Yeldham Road Little Yeldham Essex CO9 4QT

In the Braintree District Council planning committee report for this application it was determined that this building immediately adjoining the application was not in an isolated location and the location of this building was considered sustainable in the context of the NPPF. This application site lies immediately adjacent to this approval and therefore will also be considered to be a sustainable location in respect of services within Halstead, Sible Hedingham, and Little Yeldham.

20/00142/FUL – Demolition of existing workshop, sheds and car port and construction of new detached 1.5 storey dwelling and separate garage | 70 Little Yeldham Road Little Yeldham Essex CO9 4LN

This application is some 100 metres to the east of the application site further away from services. In the delegated planning report for this application it was determined by Braintree District Council:

“Whilst the proposed development would have an adverse effect in respect of accessing services and facilities by the use of private car, the extent of the effect from the use of private vehicles arising from 1 dwelling would be limited, in particular the site is within cycling distance to a higher tier settlement with a range of services and facilities.”

18/02184/FUL | Demolition of existing commercial storage building and construction of new dwelling and garage. | Land Adjacent 67 Little Yeldham Road Little Yeldham Essex This site lies to the south east of the application site and the determination of this approval was defined as infill development and granted by Braintree District Council. With the application site being to the north west of this site, it can also be considered as infill development on the same basis.

The nearest village is Great Yeldham, the centre of which is approximately 1km away from the proposed development site. It is considered to be a second tier village providing many services for day to day requirements.

It should be noted that the village benefits from a doctors surgery, primary school, village hall, play areas, a post office, general convenience store, a takeaway restaurant, hairdresser and two community Public Houses, the Waggon and Horses and the Three Bottles. Bus links (service 89) also provides opportunities for sustainable travel to Halstead and Braintree which provide social, recreational and shopping facilities. School bus services also operate to the secondary school at Hedingham. There is an alternative bus route from Little Yeldham (less than 1 km away) to Sudbury.

CS7 core strategy stresses the importance of provision of sustainable transport modes and travel choice. However more up to date guidance on the NPPF also recognises that sustainable transport solutions will vary between urban and rural areas, and that this should be taken into account when decision-making.

It should be recognised that transport solutions will vary between urban and rural areas. It is to be expected, therefore, that some travel by private vehicle is likely in rural areas such as this. It would be naïve to think that all transport can be achieved through public services, however the proximity to both Halstead (7 miles) Braintree and Sudbury (both approx. 10 miles) which provide main services, would result in relatively short car journeys. The addition of 1 house will not significantly add to the journeys that already occur from this location.

The site is not in an isolated or unsustainable location (with this point being determined under the adjoining approval 19/00504/FUL) and that there is adequate access to services and facilities for future occupiers of the

proposed dwellings and, therefore, no harmful effects in this regard. Consequently, there is no conflict with Policy CS7 of the Core Strategy.

Braintree District Housing supply The NPPF seeks to boost sustainable development and housing supply nationwide. Braintree District Council with Colchester and Tendring have published the North Essex Authorities’ Shared Strategic Section 1 Plan, which Braintree adopted in February 2021. This plan is concerned with the effective delivery of planned strategic growth – most notably housing, employment, infrastructure and the development of garden communities to meet housing supply across multiple districts. Within the document, policy SP4 sets out the strategy for meeting the demand for housing.

“The annual housing requirement figures set out below will be used as the basis for assessing each authority’s five-year housing land supply, subject to any adjustments in Section 2 of each plan to address any undersupply since 2013”.

Local Authority Housing Requirement per Total minimum housing requirement for the plan annum period (2013 – 2033) Braintree 716 14,320 Colchester 920 18,400 Tendring 550 11,000

However, BDC have accepted that it cannot demonstrate a five-year supply of deliverable housing sites as required by the NPPF. A recent planning committee report (20/01882/FUL) considered an application for 4 dwellings within Pebmarsh. Within the report, it finds that:

“Given all of the evidence before it – including the use of the new housing requirement from the Section 1 Plan, the use of a 5% buffer, and the adjustment to supply, the Council considers that the current 5-year Housing Land Supply for the District is 3.73 years. As the Council cannot demonstrate the required 5-Year Housing Land Supply the ‘tilted balance’ of Paragraph 11d) of the NPPF is engaged. It also means that the most important Development Plan policies for determining this application, those relevant to the provision of housing, are out of date.”

The above point was further reinforced under the appeal APP/Z1510/W/20/3256120.

The NPPF provides specific guidance in relation to the determination of planning applications in such circumstances stating that housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites. This is further reinforced with the NPPF Paragraph 11(d) “where there are no relevant development plan policies, or the policies which are most important for determining the application are out of date, granting permission unless: the application of Policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole”.

The lack of a 5-year housing land supply is therefore a significant material consideration which weighs in favour of the proposed development. If the Local Planning Authority cannot demonstrate a five-year supply of deliverable housing sites, relevant policies for the supply of housing should not be considered current.

As a result, it can be concluded that paramount weight should be given to the presumption in favour of sustainable development rather than policies in an outdated local plan which seek to restrict the location for new housing development. Moreover, these outdated policies have the effect of rendering the defined village envelope in the 2005 Local Plan out of date and the settlement limit has little weight. The application site is not located within any of the specially protected areas. As a result, the presumption in favour of sustainable development is applied, where regard is given to the titled balance of the impact of the proposed new home, including how the development satisfies the three overarching objectives of sustainable development.

NATIONAL PLANNING POLICY FRAMEWORK

Within the NPPF the 3 overarching objectives are set out to achieve sustainable development. a) an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure. b) a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well- designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well-being; and

c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating

There would be an economic gain in terms of the creation of jobs during the construction process and the support to construction businesses in the district. The future occupiers would also contribute financially to the local economy.

There is a social gain. The proposal for a 3 bedroom dwelling is likely to attract families, who would contribute to the vitality of the village. These families would contribute to the local community and to the wider community and businesses found within it.

The house will contribute both to housing needs and supply of the present and for future users too.

The proposal achieves the environmental objective. The proposed site is a corner plot, containing two chestnut trees. The trees are to be retained and the development will not result in the loss of or impact upon species or habitats. Ecological enhancement and landscaping can be considered as a reserved matter for conditioning. The nature of the proposal reflects the types of development already existing as well as the general linear development form.

Furthermore, the NPPF states that to promote sustainable development in rural areas, housing should be located where there are groups of smaller settlements, where development in one settlement may support services in a village nearby and should avoid new isolated homes in the countryside. This proposal although outside a village boundary, it is not isolated and is surrounded by varying ages of developments. The future inhabitants will support the services in the nearby villages.

LOCAL PLANNING

Local Plan Policy & Braintree District Core Strategy 2011

CS5 – The Countryside “Policy CS5 of the Adopted Core Strategy states that beyond settlement limits development will be strictly controlled to uses appropriate to the countryside, in order to protect and enhance the landscape character and biodiversity, geodiversity and amenity of the countryside.

The scope for economic development will be limited by the need for sustainable development and to protect the countryside and environment. However, there is a need to secure a sound sustainable future for the rural economy.”

The adopted local plan and the core strategy both predate the NPPF. The Framework says that policies and decisions should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes and recognising the intrinsic character and beauty of the countryside. The current use of the site is of storage, there would be no loss of countryside or agricultural land. It is clear that this proposal is neither isolated nor set in open countryside. It follows linear development along the Little Yeldham Road and as such the character and beauty of the open countryside would remain intact.

RLP2 – Town development boundaries and village envelopes Development outside settlement boundaries will be strictly controlled to uses appropriate to the countryside, in order to protect and enhance the landscape character and biodiversity, geodiversity and amenity of the countryside.

The site is not isolated in the countryside it falls within development that forms the character of Little Yeldham Road. The design, and materials chosen of the dwellings are indicative of development which has taken place over time, this proposal follows that linear pattern.

Although the policy controls development outside of village boundaries, this policy can be considered to be out of date due to the councils’ position and lack of housing supply. Furthermore, there have been recent decisions whereby proposals have been approved outside of the village boundary on the grounds of housing supply - APP/Z1510/W/20/3256120. Sustainable developments should be supported as set out in NPPF 11d. There are no impacts on neighbours amenity – overlooking, light, privacy etc The benefits outweigh the impacts when assessed against the policies in this Framework taken as a whole.

Policy RLP 9 Layout and Design of Development The Council seeks a high standard of layout and design in all developments, large and small, in the District. Planning permission will only be granted where the following criteria are met: (i) The scale, density, height and massing of buildings should reflect or enhance local distinctiveness. (ii) Buildings, open areas, circulation spaces, and other townscape and landscape areas shall be of a high standard of design and materials. (iii) There shall be no undue or unacceptable impact on the amenity of any nearby residential properties.

(iv) Designs shall recognise and reflect local distinctiveness and be sensitive to the need to conserve local features of architectural, historic and landscape importance, particularly within Conservation Areas and in proximity to parks and gardens of historic interest, ancient monuments and sites of archaeological importance. (v) The layout, height, mass and overall elevational design of buildings and developments shall be in harmony with the character and appearance of the surrounding area, including their form, scale and impact on the skyline in the locality.

Although matters are reserved for later application, the scale, density and height will be comparable to and reflective of neighbouring developments. There will be no impact on neighbouring amenity and privacy. The design will harmonise with the built environment and the development of houses along Little Yeldham Road. The scale of the house will be modest, it will not be prominent on the skyline or against the buildings adjacent to the site. There is a great variety in the appearance of houses in terms of size, design and the materials chosen from historic changes and extensions to existing dwellings. The position of modern development that sits close to older buildings would not appear prominent or out of place especially when the opposite property on Little Yeldham Road is of a modern design. (12/01156/FUL) The application is in outline form only with all matters reserved and as such the detailed design of the dwellings is reserved for later consideration. However, the design and materials chosen will be sympathetic and connected to the surrounding built environment in terms of design and materials chosen.

RLP56 – Vehicle parking Braintree District Council has adopted the Essex Parking Standards Design and Good Practice. For a three- bedroom there is provision for 2 spaces. The application is in outline form only with all matters reserved and as such the detailed design of the dwellings is reserved for later consideration. However, the indicative layout facilities a detailed design which would meet the Council’s identified design requirements.

Flood Risk The proposed site lies within flood zone 1 and is at low risk of flooding.

Conclusion The Council does not have a five-year supply of housing land and as such paragraph 11 of the NPPF is engaged: that for decision-taking, the presumption in favour of sustainable development this means “where there are no relevant development plan policies, or the policies which are most important for determining the application are out

of date” approving development proposals unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

It is clear that no such harm would arise and certainly no significant harm that would outweigh the benefits of providing a further dwelling to assist the Council’s housing shortfall.

The intrinsic character and beauty of the village and countryside would be respected and there would be no demonstrable harm to the character and appearance of the area when assessed against policies RLP9, CS5 and the policies of the Framework.

Design matters have been reserved for a subsequent full planning application. The site is not determined to be of a sensitive impact to the Conservation Area and the Listed Buildings and therefore it is acceptable to reserve this to a reserved matters stage.

In the planning balance and having regard to national and local planning policy, the merits of this highly sustainable and sensitively designed proposal weigh in favour of the grant of planning permission.

Melanie Bingham-Wallis RURAL PLANNING AND FARM CONSULTANT FOR AND ON BEHALF OF FOXES RURAL CONSULTANTS LIMITED Date: 23.03.2021