DELEGATED REPORT

Application Number K/59951/F

Site Address Higher Green Farm, Poulshot Road, Poulshot, , SN10 1RW

Proposal The erection of 9 houses (including 4 affordable houses), access and associated works Applicant Pippin Construction Ltd.

Town/Parish Council POULSHOT

Grid Ref 397063 160126

Type of application Full Planning

Case Officer Rob Parker and subsequently Karen Guest (Area Team Leader, Development Management)

1. Report Summary The main issues are listed as follows: a) the principle of development; b) whether the layout and design is acceptable and whether it would preserve or enhance the character and appearance of the conservation area; c) whether the scheme would preserve the setting of Higher Green Farmhouse as a listed building; d) whether the proposals make satisfactory provision for affordable housing; e) whether the proposals make satisfactory provision for children’s recreation; f) whether access arrangements are adequate; g) adequacy of surface water drainage / likelihood of development contributing to flooding; and h) impact upon neighbour amenity.

2. Site Description This application relates to the former Higher Green Farm site in Poulshot. The farmhouse has been sold off separately leaving a series of farm buildings and hardstandings to the rear which have been acquired by the applicant. The site lies on the main road through the village, directly opposite the Raven public house.

3. Planning History There is no relevant planning history.

4. The Proposal As originally submitted this application proposed a total of 11 dwellings on the site of the farm buildings and hardstandings. The scheme has been amended during the course of its consideration and the revised proposal is for 9 dwellings. Five of these would be detached and for open market sale; the remaining four (two pairs of semi-detached properties) would be affordable units. These would be low cost market dwellings.

Proposed Site Layout

5. Planning Policy Core Policies 1, 2, 43, 57 and 58 in the adopted Wiltshire Core Strategy are relevant to the consideration of the application. None of the policies of the Kennet Local Plan 2011 that have been carried forward are of relevance.

WCS Affordable Housing (Core Policy 43) Paper – Implications of Viability Review

Supplementary Planning Guidance contained in the Poulshot Conservation Area Statement is also a material consideration.

Wiltshire Local Transport Plan 2011 - 2026

Government policy is contained in the National Planning Policy Framework published in March 2012 and the Planning Practice Guidance (2014).

6. Consultations

Poulshot Parish Council (1) – summary of initial comments received on 18th January 2009:

• The parish council questions the need for a further 5 affordable dwellings for rent and will be proceeding with a Housing Needs Survey. It is minded to suggest that as the village has already received substantial affordable housing for rent, this development may lend itself to below market value housing for sale, to compliment the larger units on the site.

• The parish is very concerned about the water drainage system and its ability to cope with any increase in population. This follows previous instances of blocked and backed up drains, causing by the inadequate size of the sewer. Further investigations should take place and improvements carried out prior to any work starting on site.

• The parish expresses concerns regarding the condition of the Housing Association owned houses within the village; sited opposite the Old Chapel. It suggests a refurbishment of these properties to bring them up to a similar standard as the new development.

• No decisions on the application should be taken prior to the results from the Housing Needs Survey and investigations from Wessex Water into the flood implications.

Poulshot Parish Council (2) – summary of comments dated 28th May 2009 following receipt of Housing Needs Survey results:

• Welcome the development but the Housing Needs Survey has shown that there is no proven need for further affordable rental properties. If affordable houses are to be built, they should be properties to purchase on a below market value scheme, run by the developer and/or Wiltshire Rural Housing Association, enabling people with a local connection to stay long term within the village to give them a chance to become part of the community.

• Concern expressed about the design of the front elevation of the affordable dwellings. There should be more attention to detail on these properties to limit the difference between those and the larger properties within the development. The porches are the main cause for concern but other small design features could make for a more cohesive look to the development.

• Concerns regarding the water drainage system are reiterated.

th Poulshot Parish Council (3) – further representation received on 13 August 2009:

• The design of this development must be of paramount importance and it should not be a suburban estate placed out of character in the heart of our village. • There is real concern over the lack of space between the larger houses and in the development as a whole, a reduction in the number of properties would enable a better design and planners should be permitted to move out of the ‘original building line’ to ensure the best design for the development. • The Council should consider a lower percentage of affordable housing – 50% is not compulsory. The affordable units should be made available for affordable purchase rather than rent. • Concerns still expressed over the adequacy of the sewerage system.

Poulshot Parish Council (4) – addendum dated 17th May 2010:

• The parish council points out that the entrance to the site is across land registered to the parish council; the access should remain an un-adopted road and the parish council would expect to be involved in any discussions regarding the access.

Poulshot Parish Council (5) – latest comments dated 10th April 2012 as follows:

“The results of the housing needs survey, carried out in 2009, clearly showed that there is little need from within the village for a further 5 ‘affordable’ houses for rental. Due to the lack of evidence of need for further social housing for rental the council would insist that this development would lend itself better to ‘below market value’ housing for purchase; the developer has indicated that they would be agreeable to such a scheme.

“It is our understanding that the Kennet Plan only requires affordable housing where there is an established need. There is no established need in Poulshot. We will also be seeking the assistance of our representative to ensure that any social housing would be reserved for residents with a proven local need and connection and that all subsequent occupants fit such a criteria. We will also seek his assistance to ensure that any social rented housing is not reserved for any particular Housing Association as per policy HC32.

“The council would also take the opportunity to remind both planners and applicant that the access point for the development is across the Village Green, as the registered owners of this land the council have not, at this point, agreed to this access being utilised. If such an agreement is managed we would point out the ‘upkeep of the Village Green’ policy set out on 31st July 1990 clearly stating that:

• No track may exceed the maximum width of 9 feet • No stone sets may be used at the sides of the track along its entire length • Surface materials to be scalping to match the existing tracks”

English Heritage – The application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice.

Environment Agency – No objection subject to conditions to deal with possible site contamination and to promote water efficiency.

Wessex Water – no objection, development can connect to an existing foul sewer and water main. The Council must be satisfied with the arrangements for the disposal of surface water as there are no surface water sewers available. Surface water must not be discharged to a foul sewer.

Wiltshire Council Conservation Officer – From a conservation viewpoint, it would clearly be preferable to see the site maintained for agriculture or for some appropriate alternative rural use - however, it is understood that there is broad acceptance for the proposed change of use in policy terms and by officers and, under these circumstances, I consider that the revised scheme constitutes a significant improvement over the original proposals which can be considered to be broadly acceptable from a conservation viewpoint, subject to the final controls over the details.

Wiltshire Council Ecologist – The site offers potential for bats, reptiles and great crested newts, and the presence of breeding birds was confirmed by the applicant’s surveys. The recommendations for bats and breeding birds, set out in section 6 of the Protected Species Survey report, should be conditioned with any planning permission. In addition, both Method Statements for great crested newts and reptiles should also be conditioned. The eastern boundary hedge bordering the adjacent field should be widened to improve habitat for reptiles (the remaining parts of the development comprise housing, parking, hardstanding and gardens which are not suitable habitats for reptiles).

Wiltshire Council Highways – Concerns expressed regarding the site’s suitability for this number of dwellings in sustainability terms, having regard to local plan policy which identifies Poulshot as a village that does not have a range of facilities where housing development will be restricted. If the LPA is minded to grant planning permission then no objection subject to the following comments:

a) Surface of the access roads and turning – The surface will need to be fit for purpose and will have to be a consolidated surface (with no loose material). This is the minimum the Highway Authority can accept. Concessions have already been made regarding a footway into the site in order to help minimise the impact of the proposal. The lack of a footway facility is acceptable in highway terms due to the limited numbers of the development and its relationship with the common.

b) The latest drawing (7017.15 Rev D) does not show all car parking spaces and how these will be allocated to each unit. This information is required prior to the Highway Officer finalising his comments.

c) The applicant should submit a tracking from a computer programme of a large light goods vehicle turning within the site. An architectural sketch is not acceptable for the purpose.

d) As the development will remain private with 9 properties, this cannot be a private drive. It will have to be considered more of a private street. Therefore the advance payment code will need to be issued and a bond deposited with highways for the works. Only when Highways are satisfied that there is a suitable management company in place could the bond/deposit for the APC be discharged. This can be covered by the Highways Act.

Wiltshire Council Landscape Officer – Objects on the basis that development will encroach on the open countryside and adversely impact upon the character of the area. The proposals must take account of the current development form and the character of this part of the conservation area. The interface between the development and the open countryside must be considered and landscape mitigation proposed which will enhance the setting of the village.

Wiltshire Council New Housing – Originally advised that Policy HC32 of the Kennet Local Plan 2011 applies. This policy remains until replaced by those of the Wiltshire Core Strategy at a future date. Policy HC32 requires an equivalent provision of general and affordable housing (i.e. 50%). The application is for nine dwellings in total, with four to be made available as affordable housing through a Registered Provider. The understanding is that the affordable housing will be for rent. Confirms that the application meets the requirements of policy HC32. The affordable housing provided will need to meet the requirements of the Homes & Communities Agency’s Design Quality Standards and Code for Sustainable Homes L3 as a minimum (or that prevailing at commencement of development).

Subsequent discussions have taken place involving housing officers, the case officer and the applicant regarding the type of affordable housing for the site. It has been agreed that the numbers will stay the same but that low cost market housing will be proposed instead of the originally agreed affordable rented.

7. Publicity

Comments on the original planning application

27 Poulshot Road • The application does not detail what will happen to the boundary between 27 Poulshot Road and plot 5. The respondent’s preference is to continue the lap panel fence using 4 posts. • The pavement should be extended further up and down the Poulshot Road.

The Old Chapel • No objection in principle to residential development of the site. • The inclusion of affordable housing is inappropriate as the village does not contain the necessary facilities to support lower income households. Retirement dwellings should be considered instead. • Concern regarding the Wessex Water response. There have been numerous incidents of blocked and backed up foul drains as the mains sewer is inadequate. Surface water drainage is also inadequate as there have been several instances of flooding outside the Raven in and opposite Sillington Lane. • The development may cause light pollution. There should be no street lighting as this would be out of character with the village. • There will be disruption to the village during construction, this should be properly controlled. • The field access within the scheme seems to serve no purpose and will encourage non-agricultural uses on adjacent land. • Contractor access should be from the Poulshot Road and not via Sillington Lane where a track has recently been widened and upgraded.

Oakdene, 1 Poulshot Road • No objection in general to the development but two storey houses will impinge on the skyline and bungalows (possibly retirement bungalows) would prevent this and still improve the appearance of the area. • Concern is expressed that the proposal will result in agricultural/equestrian traffic using the Sillington Lane bridleway which has already been hard surfaced by the developer without permission. (The developer owns the two fields to the north of the development)

The Old Bakery, 16 Poulshot Road In favour of a development at Higher Green Farm and in broad terms welcome the proposal from Pippin Homes. However, the following points are raised:

• There were recent incidents of flooding at the southern end of Poulshot, resulting in the green being flooded and foul sewerage getting into a house much further along and lower down within the village. Assurances are sought that this problem has been resolved. • The proposed development is bland and lacks imagination. The neighbouring development of holiday cottages is very attractive and a good example of what can be achieved with a little thought. • Social housing attracts temporary occupants who often do not care much about the property. It would be a shame if this potentially beautiful site were to be marred by such a problem. • The terraced cottages to the front of the development are in a poor state. The development could make provision for substantial improvements to these properties. • There should be no streetlights.

Green Farm (Mr A Kidd) The development will result in encroachment upon registered common land caused by the necessity to widen the access. This will be vigorously resisted.

Comments on amended plans

Amended plans were received on 5th March 2012 and these were re-advertised by site notice, press advertisement and neighbour notification letter. The re-consultation exercise has elicited the following additional responses from The Old Bakery, The Old Chapel and 43 Poulshot Road raising the following issues:

a) The scheme will fit into the village but the materials are too boring and do not reflect the different finishes on the other houses in the village. The older property next door is stone and the pub opposite is white render and this should be reflected in the new build.

b) There is no evidence of the need for additional social housing in the village, nor has there been any change or improvement to the infrastructure in the village in order to support this sort of development.

c) The development will place additional stress on the sewerage system in the village which already suffers from backing up at the top of the village and overflows at the bottom.

d) Access rights have not been clearly defined as the original access was merely a farmyard access across village land, legal challenges could follow if this is not definitively addressed.

e) The access will encroach on registered common land and this is unacceptable.

f) The access crosses the historically important Monk’s path as shown in various documents at the county archives. Currently the causeway is buried and undisturbed, what actions will be taken to protect this ancient feature?

g) During the summer the site is a mass of butterflies and this has not been addressed.

h) Should permission be granted, what restrictions will be placed on the developer to prevent environmental (noise and other) pollution during construction?

i) This part of Poulshot far from remaining a tranquil and safe environment is becoming saturated with vehicles coming and going from various access and exit points. This is not in keeping with the rest of Poulshot.

j) The two small bungalows (nos 43 and 45) both back onto the proposed access road and there will be a total loss of privacy for the occupants as their lounge area, main bedroom (which is at road level) and very small back garden will be totally exposed to the passing traffic and the additional noise which the new road and its users will create.

8. Planning Considerations a) Principle of development

At the time the application was recommended for approval and the Legal Department were instructed to commence work on drafting the S106 agreement, Policy HC24 of the Kennet Local Plan 2011 was applicable. This policy identified Poulshot as a village with limited facilities and restricted housing development to infilling, the replacement of existing dwellings, the re-use of existing buildings or the redevelopment of existing buildings, provided the development:

a) is within the existing built-up area of the village; b) does not consolidate an existing sporadic, loose knit area of development; and c) is in harmony with the village in terms of its scale and character.

It was considered that the proposal accorded with this policy as the dwellings themselves would occupy the footprint of existing farm buildings and hardstandings. They were therefore considered to be within the built- up area of the village for the purposes of interpreting the policy. It was acknowledged that the gardens to plots 5, 6 & 7 would extend into an adjacent field but this was considered acceptable (albeit a departure from the policy) for the purposes of achieving a satisfactory layout for the scheme. It was also noted that the boundaries to the development would be properly landscaped to create an appropriate interface with the countryside.

Since the application was recommended for approval and the Legal Department were instructed to commence work on drafting the S106 agreement, the Wiltshire Core Strategy (WCS) has been adopted (January 2015). Poulshot is identified as a small village in the WCS where in accordance with Core Policy 2, infill development is permitted which respects the existing character and form of the settlement, does not elongate the village or imposed development is sensitive landscape areas and does not consolidate an existing sporadic loose knit area of development. Whilst is would be difficult to argue that the proposal would constitute infill development, it is considered that there are exceptional circumstances which would warrant the scheme acceptable in principle. This is a redundant farmyard in a prominent location within the Poulshot Conservation Area which has been severed from its farmhouse and associated farmland. Consequently, the chances of it being brought back into use for agriculture are extremely slim. It is therefore important to find a form of redevelopment which improves the appearance of the site and prevents it from deteriorating into an eyesore. Residential development is the only realistic option for the site and this scheme has the added benefit of enhancing the appearance of the area through the removal of a number of dilapidated buildings.

Whether the layout and design is acceptable and whether it would preserve or enhance the character and appearance of the conservation area

Policy background The site lies within the Poulshot Conservation Area. The Council has a statutory duty to consider the desirability of preserving or enhancing the character or appearance of the conservation area. It must also take into account Government policy contained in the NPPF that advises local planning authorities to consider the impact of proposals upon the significance of the conservation area as a heritage asset.

Core Policy 2 of the WCS requires development to respect the character of a settlement. Core Policy 57 of the WCS sets out the Council’s requirement for a high standard of design and Core Policy 58 requires that development protects, conserves and where possible enhances the historic environment.

Assessment Although they are reflective of the village’s farming origins, the existing modern farm buildings make no positive contribution to the character or appearance of the conservation area and their condition is only likely to deteriorate further to a stage when they will harm the character and appearance of the area. The demolition of these structures is therefore considered acceptable in planning terms.

The proposed redevelopment scheme retains the existing stone wall and traditional brick and clay tile farm building at the front of the site. Behind that would be a series of detached properties around yards, built in a pseudo agricultural style to reflect the site’s farming history. The affordable units would be simple semi- detached properties similar to farmworkers’ dwellings.

This approach to design and layout is considered to be acceptable for the site. Whilst it does not necessarily mimic existing forms of development in the local area, it would be traditional in terms of its general design, appearance, materials and detailing and would preserve the character and appearance of this part of the conservation area.

Whether the scheme would preserve the setting of Higher Green Farmhouse as a listed building

The application site comprises a series of modern farm buildings formerly belonging to Higher Green Farm, the Grade II listed farmhouse immediately to the south of the site. Whilst it may be difficult to argue that the farm buildings lie within the historic curtilage of the farmhouse, the development would nevertheless have the potential to affect the setting of the listed building.

The development would be a sufficient distance from the listed building to ensure that there would be no harm to its setting and the single storey buildings (granted as holiday accommodation and subsequently converted to supported living accommodation) in between the sites act as a useful buffer, such that the development will read as a separate entity.

Whether the proposals make satisfactory provision for affordable housing

Policy HC32 of the Kennet Local Plan 2011 required residential schemes within the villages to provide a 50% contribution of affordable housing, subject to evidence of local housing need supporting this level of provision and individual site characteristics.

Concerns were expressed by the parish council regarding the need for affordable housing in Poulshot and therefore a Housing Needs Survey was carried out in April 2009. This identified sufficient need to warrant the provision of 5 affordable homes. The report’s author recommended that the homes be for rent as the affordability of shared ownership was insufficient to warrant proceeding with this tenure, especially in the current climate with the difficulty of accessing mortgages which is particularly difficult for shared ownership homes. The findings of the Housing Needs Survey were backed up by the Council’s waiting list figures which at the end of February 2009 totalled 17 families with a local connection to Poulshot requiring accommodation.

The WCS Affordable Housing Paper requires a lower level of provision. Taking this into account, the results of the housing need survey and that fact that the applicant wishes to provide low cost market housing rather than affordable rented, it is considered that 4 affordable units out of a total of 9 dwellings would be appropriate.

Whether the proposals make satisfactory provision for children’s recreation

The proposals make no provision for children’s recreation on site. However, the opportunity exists for the applicant to pay a commuted sum towards off-site provision. The applicant has agreed to this approach. According to Supplementary Planning Guidance contained in the document “Community Benefits from Planning” a scheme of 9 dwellings would generate a contribution of £27,435 (this is the figure from the SPG uplifted from March 2005 prices in line with the Retail Price Index All Items).

Whether access arrangements are adequate

The proposed development would take access across a section of village green onto the main road through Poulshot. The access would be in the same position as the existing access serving the farmyard, although the latter is not formalised or surfaced.

There has been considerable debate about whether the developer has the right of access across what is claimed to be parish council owned land. The applicant believes that his purchase of the application site from Wiltshire County Council came with full rights of access, not simply access for agricultural vehicles. The parish council, on the other hand, considers that its permission is required for the applicant to access his development. A third party has also instructed a solicitor to warn the Council and the applicant that the access to the development would encroach onto registered common land, the implied threat being that further legal action will be taken should planning permission be granted.

Ultimately, landownership and common land issues are not material planning considerations and the Council would be free to grant planning permission for the development, should it consider the scheme to be acceptable on its planning merits and having regard to the relevant planning policies. At the time of making the application the applicant was unable to determine the ownership of the access due to it being unregistered and he therefore placed an advertisement in the local press. This meets the legal requirements under planning law and gave the legal owner the opportunity of making representations on the planning application. It should be noted that the grant of planning permission does not override private property rights and therefore the applicant would not be able to implement his planning permission, should it later transpire that the access land is outside of his ownership or control.

In planning terms the access is considered to be acceptable. The Highway Officer has agreed to compromise by agreeing a low key design without raised kerbs, footways or street lighting. He does, however, consider that the access should be of adequate width (minimum 5m) and properly consolidated. Consideration has been given to the parish council’s desire for a maximum 2.7m wide access surfaced with scalpings similar to other tracks across the village green, but this would be substandard in highway terms.

The final surface of the access can be made the subject of a planning condition but it is clear at this stage that whatever is agreed between the Highway Officer and the applicant will not meet with the parish council’s approval. Ultimately, however, this is not the Council’s problem – if the parish council has the legal rights it claims over the land then it can prevent the development from going ahead, even if planning permission were granted.

The developer does have the right to appeal the planning condition (or the Council’s failure to agree details pursuant to a planning condition) should he wish to pursue the design option being requested by the parish. In the view of officers, however, it is unlikely that an appeal inspector would agree to a 2.7m wide access without a properly consolidated surface for a development of 9 dwellings. This design of access would also preclude refuse vehicle and fire appliance access so there would be implications in terms of not complying with the Building Regulations.

Adequacy of surface water drainage / likelihood of development contributing to flooding.

It is not considered that the development will cause flooding in the immediate vicinity or exacerbate existing problems elsewhere in the village. The applicant has confirmed that the hard surfaces within the site will be constructed, as far as possible, using pervious materials. It is proposed that a sustainable drainage system shall be incorporated within the design, so as to store run-off water on site at times of excessive flow, and then release it gradually (the option also exists to explore a full soakaway solution, so that no surface water is discharged off site). As proposed, the applicant is claiming that the roof area of the site will be less than it has been over recent years, and thus the amount of run-off from buildings will be reduced. He is happy for this matter to be dealt with by way of a suitably worded planning condition. The applicant points out that flooding of the road near the entrance to the site may have been due to run-off from fields to the west; he believes that this was due to ditches and highway drains not being cleared, something which is outside of his control.

Impact upon neighbour amenity

The proposed access road passes within 8 metres of the garden boundaries to nos. 43 & 45 Poulshot Road. The distance to the dwellings themselves is approximately 13.5 metres. Concerns have been expressed that this will result in noise, disturbance and loss of privacy. The objector points out that the lounge and main bedroom faces in the direction of the access and that the gardens are shallow (circa 5.5 metres). Notwithstanding this relationship, it is not considered that the comings and goings associated with a scheme of 9 dwellings would result in undue harm to residential amenity, and it would be difficult to substantiate a refusal of planning permission on that basis.

The scheme does not harm the amenities of any other neighbours. Plot 9 backs onto the rear of two single storey supported living units at Higher Green Farmhouse, Plot 8 backs onto the side elevation of another supported living unit. Plot 4 sits alongside an existing bungalow (no.43 Poulshot Road) but the latter presents a blank gable to the site. The relationship between Plots 1 & 2 and nos. 31-41 Poulshot Road inclusive is considered to be acceptable.

Other Issues (following issues raised by objectors)

• Details of boundary treatments can be conditioned.

• A low key road design is proposed to minimise the impact on the character and appearance of the conservation area.

• No streetlighting is being proposed and a condition can be imposed to control all other forms of external lighting.

• Disruption during construction can be minimised using a Construction Method Statement which can be required by planning condition. Contractor access/parking can also be controlled through this method.

• The field access has been deleted on the latest version of the layout drawing.

• Wessex Water has indicated that the scheme may be attached to the existing public foul sewer. It must therefore be satisfied that there is adequate capacity within the system.

• The scheme should not contribute to flooding if surface water is managed on site, or discharge is restricted to the existing run-off rate.

• The scheme cannot contribute towards the improvement of existing properties which are outside of the applicant’s control.

RECOMMENDATION: Grant planning permission once the applicant has entered into a S106 agreement to secure 4 affordable dwellings and a financial contribution towards children’s recreation.