P/2015/0340 Land Adjacent to Buttercup House, Church Stoke

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/0340 Grid Ref: 327654 294033

Community Churchstoke Valid Date: Officer: Council: 13/04/2015 Louise Evans

Applicant: Mr J Price c/o Roger Parry & Partners LLP, Hogstow Hall Minsterley, Shrewsbury, Shropshire, SY5 0HZ

Location: Land adjacent to Buttercup House, Church Stoke, Montgomery, Powys, SY15 6AH

Proposal: Outline: Residential development of up to 40 dwellings (including access)

Application Application for Outline Planning Permission with some reserved Type:

Reason for Committee Determination

The application requires a committee determination as it is recommended for approval and is a departure from the development plan.

Site Location and Description

The site is approximately 2.1Ha in size and is located between the main body of Churchstoke to the west and the more recent development consisting of a large supermarket and other facilities together with more housing to the east.

The site itself sits in an elevated position from the settlement to the west and benefits from long range views to the south and southwest over open countryside, to the west over the rooftops of Churchstoke and from the northern part of the site to the north. The boundaries of the site are relatively well treed.

The application is an Outline Application for the development of up to 40 new dwellings, ranging from 2 bedroom single storey dwellings to 4 bedroom two storey houses. The development would also include new adoptable roads providing access, as well as surface water and foul drainage provision. The applicant proposes that 25% of the new dwellings will be affordable.

Consultee Response

Churchstoke Community Council

Initial response dated 28 April 2015 objected to the proposed development as ‘whilst generally welcoming housing development within the village of Churchstoke, the community council objects to this application on the grounds that it is outside the village boundary as defined in the current UDP and is therefore contrary to agreed policy.’

Further response dated 27 August 2015 reiterated its previous comments made in April 2015.

PCC Highways

An email dated 21 August 2015 confirms that subject to receiving revised plans that confirm the site entrance would comply with a 1 in 30 gradient for the first 10 metres from the highway, PCC Highways have no objection subject to the conditions that are set out in full in the email.

Thanks for the notification of the revised plans which addresses some of my earlier concerns. However, the long section through the road still does not comply with the requirements of a 1 in 30 gradient for the first 10 metres. I suggest you ask for a revised plan detailing this as it does have a significant effect on the adjacent house (Buttercup Cottage) driveway. I understand that the disposal of highway surface water drainage has been discussed and agreed with Graham Astley so I recommend confirmation is received from him on that aspect.

With regard to my earlier comments re a mini roundabout at this location to also serve the land on the opposite site as per my recommendation within the LDP process. This is still valid and I would request that you discuss this matter with your colleagues in the Policy division.

On receiving satisfactory amended drawings the following conditions should be attached to any decision notice:-

HC1 Prior to the occupation of the dwelling any entrance gates shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the dwelling/development hereby permitted remains in existence.

HC2 The gradient of the access shall be constructed so as not to exceed 1 in 30 for the first 10 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

HC3 The centre line of the first 15 metres of the access road measured from the edge of the adjoining carriageway shall be constructed at right angles to that edge of the said carriageway and be retained at that angle for as long as the development remains in existence.

HC4 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 43 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway and 10 metres distant from the edge of the adjoining carriageway and 10 metres in each direction. Nothing shall be planted, erected or allowed to grow on the areas of land so formed that would obstruct the visibility

2 and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

HC6 Within 5 days from the commencement of the development clear visibility shall be maintained above a height of 0.26 metres above carriageway level over the lull frontage of the developed site to the estate road effective over a bandwidth of 2.4 metres measured from the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the areas of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

HC7 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of subbase material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 10 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed.

HC9 Prior to the occupation of the dwelling, provision shall be made within the curtilage of the site for the parking of not less than 1 car per dwelling excluding any garage space provided. The parking areas shall be retained for their designated use in perpetuity.

HC10 The gradient from the back of the footway/verge to the vehicle parking areas shall be constructed so as not to exceed 1 in 15 and shall be retained at this gradient for as long as the dwellings remain in existence.

HC11 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 0.45 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development.

HC12 The width of the access carriageway, constructed as Condition HC7 above, shall be not less than 5.5 metres for a minimum distance of 15 metres along the access measured from the adjoining edge of carriageway of the county highway and shall be maintained at this width for as long as the development remains in existence.

HC13 Prior to the occupation of the development a radius of 10 metres shall be provided from the carriageway of the county highway on each side of the access to the development site and shall be maintained for as long as the development remains in existence.

HC14 Any internal side-road junctions shall have a corner radii of 6 metres.

HC15 The centre line radii of all curves on the proposed estate road shall be not less than 20 metres.

HC19 No building shall be occupied before the estate road carriageway and one footway shall be constructed to and including binder course level to an adoptable standard

3 including the provision of any salt bins, surface water drainage and street lighting in front of that building and to the junction with the county highway.

HC20 The estate road carriageway and all footways shall be fully completed, in accordance with the details to be agreed in writing by the Local Planning Authority, upon the issuing of the Building Regulations Completion Certificate for the last house or within two years from the commencement of the development, whichever is the sooner. The agreed standard of completion shall be maintained for as long as the development remains in existence.

HC21 Prior to the occupation of any dwelling the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 10 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence.

HC26 When installed there shall be a minimum clearance of 6 metres from the nearest part of the adjoining highway verge or footpath to any part of the septic tank or its soakaway installation.

HC30 Upon formation of the visibility splays as detailed in HC4 above the centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay and retained in this position as long as the development remains in existence.

HC31 The area of each private drive and any turning area is to be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling and retained for as long as the development remains in existence.

HC32 No storm water drainage from the site shall be allowed to discharge onto the county highway.

Plus Prior to the occupation of any dwelling a Bus stop and shelter shall be provided and installed on the A489 highway verge in a location to be agreed with the LPA.

The relevant plans were submitted on 7 September 2015 and a further email dated 30 September 2015 confirms that PCC Highways are content with the details submitted.

PCC Building Control

No response at time of writing.

Severn Trent Water

Letter dated 28 April 2015 confirms Severn Trent Water has no objection subject to the imposition of a condition requiring approval of surface and foul water drainage plans.

I confirm that Severn Trent Water Limited has no objection to the proposal subject to the inclusion of the following condition.

Condition:

The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewerage have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

Reason:

To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

Wales and West Utilities

Advise in letter dated 17April 2015 that they have no apparatus within the development site.

According to our mains records Wales & West Utilities has no apparatus in the area of your enquiry. However Gas pipes owned by other GIs and also privately owned may be present in this area. Information with regard to such pipes should be obtained from the owners.

Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure that this information is provided to persons (either direct labour or contractors) working for you on or near gee apparatus.

Please note that the plans are only valid for 28 days from the date of issue and updated plans must be requested before any work commences on site if this period has expired.

PCC Environmental Health

Email dated 23 April 2015 confirms they have no objection so long as the development connects to the main sewer as described in the application documents. Also recommends hours of construction be imposed by condition.

I have no objection to this application subject to the development connecting to the main sewer as described in the application. Given the size of the development and it’s proximity to other residential properties I would recommend that hours of construction be limited in order to protect the amenity of residents from noise. I would recommend that the hours of construction at the site be limited to Mon-Fri 0800-2000 and Saturdays 0800-1300 with no working on Sundays or bank holidays.

PCC Countryside & Outdoor Access

Email dated 20 April 2015 suggest that s.106 monies relating to play should be given to the primary school as there is a playground within their ownership that has open access for community use.

PCC Right of Way (Countryside Services)

No response at time of writing.

PCC Built Heritage

No response at time of writing.

PCC Affordable Housing Officer

No response at time of writing.

PCC Contaminated Land

No response at time of writing.

PCC Ecology

No response at time of writing.

Cadw

Letter dated 29 April 2015 addresses the matters that fall within Cadw’s remit as a statutory consultee. It concludes that the proposal ‘is located on the edge of the village of Churchstoke and appears to be of a similar scale to other residential developments in the locality. As such it is unlikely to have a more than local impact on the registered historic landscape and an ASIDHOL would not be considered appropriate in this instance’.

A second letter dated 18 August 2015 confirms that Cadw have no further comments to add to their previous response.

Welsh Historic Gardens Trust

No response at time of writing.

PCC Land Drainage

Email dated 20 April 2015 does not object to the proposed development and recommends two conditions be imposed relating to surface water run-off and foul water drainage. A second email following amended details having been submitted dated 10th September 2015 states the following.

Having reviewed the amended details, the LLFA would make the following observations/comments/recommendations:

Land Drainage / Flood Defence Comments: The Authority holds no historical flooding information relating to the site.

Surface Water Run-off

Observation: Reference is made within the Design & Access Statement (Rev A – 09/07/2015) chapter 4.1 Environmental Sustainability’ to Incorporate a number of measures to satisfy the same standards set out in the Code for Sustainable Homes, which includes the management of surface water runoff. Further reference is made in chapter 7, to the discharge of surface water runoff either by use of soakaways or, if this is not feasible due to unsuitable ground conditions, then to discharge surface water to the nearby watercourse via an attenuated drainage system.

Roger Parry & Partners’ revised Drwg No. 959/15/03 Rev A ‘Illustrative Site Layout’ now shows two areas of land within the application site for the provision of storm soakaways. To reiterate, the siting of all soakaways shall be a distance of 6 metres from a public highway and 5 metres in relation to any dwelling is required.

Information to hand regarding the general soil type for this location shows it to be slowly permeable seasonally wet acid loamy and clayey soils’. Soakage in this type of soil structure may be difficult to achieve and winter waterlogging may result in very wet ground conditions across the site.

Comments: The site is classed as Greenfield. Therefore, proposed surface water flows should be equivalent to existing Greenfield run-off in accordance with the principles of TAN15 – Development and Flood Risk and good practice drainage design.

The use of soakaways and or other infiltration techniques should be investigated in the first instance for surface water disposal. Porosity tests and the sizing of the soakaways should he designed in accordance with BRE Digest 365 to cater for a 1 in 100 year return storm event plus allowance of 30% for climate change.

If soakaways are not feasible drainage calculations to limit the discharge rate from the site no greater than Greenfield run-off rate shall be applied. The attenuation drainage system should be designed so that storm events of up to 1 in 100 year + 30% for climate change and will not cause flooding either on site or elsewhere in the vicinity. There must be no discharge to a surface water body that results from the first 5mn of any rainfall event.

Although rainwater harvesting for the use of washing purposes is to be encouraged, it cannot be taken into account when sizing an attenuation system as the storage facility may be full when a storm event occurs.

Recommendation: No development shall commence until full details, calculations (to include porosity test findings) and proposed soakaway designs shall be submitted to and approved in writing by the LPA. The approved scheme shall be completed before any of the dwellings are occupied. The scheme to be submitted shalt show foul drainage being connected to the public sewerage system.

Before the above details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principal set out in Technical Advice Note15: Development and Flood Risk, and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall

1. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters. 2. include a timetable for its implementation; and 3. Provide a management and maintenance plan for the lifetime of the development which shall include the arrangement for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

Reason: To ensure that the proposed surface water drainage system for the site are fully compliant with regulations and is of robust design.

Foul Water Drainage Informative: Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement by Severn Trent Water Ltd. There must be adequate capacity at the receiving sewerage treatment works to receive the additional flows.

Consent is required from the service provider to connect into the foul main sewer.

Natural Resources Wales (NRW)

Letter dated 30 April 2015 confirmed that NRW goes not object to the application subject to conditions to include a planting/landscaping scheme and secure the recommendations set out in section 5 of the Ecological Assessment.

Natural Resources Wales does not object to the above planning application.

Hedgerows and Trees The Design and Access Statement submitted with the application states in paragraph 4.1.3 that, ‘The provision of Iandscape gardens and new planting provides an opportunity to improve the habitat range for the site, particularly for small garden birds etc. Maintaining the existing mature hedge boundaries and trees will ensure any existing habitat is not lost as a result of the proposal’

Natural Resources Wales (NRW) welcome the above statement and advise that the LPA should include the above intentions in suitably worded planning conditions for any permission that it is minded to grant.

Protected Species Natural Resources Wales advise that bat surveys would be required if mature trees were to be affected by proposal. The developer would need to obtain licences from NRW to work on the trees if bats were found.

The Ecological Assessment (March 2015) included with the planning application includes appropriate recommendations in section 5 relating to Habitats 5.2) Protected Species including Bats (5.3.1), Badgers (5.3.2), Birds (5.3.3) Other Species (5.3.4) and Habitat Compensation and Enhancement Recommendations (5.4) that are welcomed. NRW advise that the recommendations should be included in suitably worded planning conditions for any permission that the LPA is minded to grant.

Natural Environment and Rural Communities Act 2006:

Please note that we have not considered possible effects on all local or regional interests Including those relating to the upkeep, management and creation of habitat for wild birds. Therefore, you should not rule out the possibility of adverse effects on such interests. Which would be relevant to your Authority’s general duty to have regard to conserving biodiversity, as sot out in section 40 of the Natural Environment and Rural Communities (NERC) Act (2006).

To comply with your authority’s duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority’s internal ecological adviser and/or third sector nature conservation organisations such as the local wildlife trust. RSPB, etc. The Wates Biodiversity Partnership’s web site has guidance for assessing proposals that have implications section 42 habitats and species.

Natural Resources Wales does not object to the above planning application.

A second email dated 3rd August 2015 confirms that NRW has no further comments to make with regards to the amended/additional details.

Disability Powys

No response at time of writing.

PCC School Services

Email dated 24 April 2014 confirming that ‘as there is significant surplus capacity at Montgomery Primary School the Schools Service does not propose making a s106 application in respect of this development’.

Other Responses

Public representations

Representations have been received from 4 members of the public, 3 object to the proposed development and 1 supports the development. The matters raised are summarised below:

Grounds for objection:

Visual

 The rural nature of the village would be better preserved by first utilising brownfield sites.  The development would be in full view of current houses opposite and would create additional noise and disturbance.  The need for more street lighting would destroy the night time view and further disturb wildlife in the area.

Socio Economic

 Montgomeryshire relies heavily on tourism which could be damaged by over development.  The number of new housing developments being approved are inhibiting sales of houses in Churchstoke.  There are not enough jobs in the area for the people who would move into these new houses.

Transport

 The increase in traffic including cars, service and delivery vehicles, motor cycles plus bicycles would compound problems on an already busy road.  The entrance to the site is on a steep slope and there have already been several serious accidents in the vicinity.  Because of these factors the houses would be unsuitable for families with children or the elderly/disabled.  Public transport is very limited in the area making the need to use private vehicles more likely.  The surrounding roads are becoming increasingly busy and dangerous for children and pedestrians walking and crossing.

Infrastructure

 The local infrastructure such as doctors surgeries, A&E departments are under increasing pressure with long waiting times for ambulances etc. This problem can only become worse.  There are not enough facilities for young people who have limited things to keep them occupied, this development would add to the problem and possible contribute to an increase in crime in future crime rates.

Wildlife

 The development may interfere with flora and fauna and birds which include Red Kites who have been seen flying over the building site and possibly nesting in trees bordering the site.  The destruction of any trees to accommodate the development would inhibit nest building.

Environmental

 There are currently brownfield sites available which should be developed before using greenfield sites.  The development could be divided into a number of smaller developments on brownfield sites in the area.  There is a drainage problem in the area and flooding used to occur, this problem may now be compounded if the development goes ahead.  The projections for future extreme rainfall should be taken into account.

 This fact that there is another development planned for 60 houses opposite the site should be taken into account in these considerations.  As many of the existing mature trees and hedges bordering the site should be preserved as possible.

Considerations

 The site is outside of the planning area.  Allowing the planning area to be pushed back would set a precedent.  Sound is magnified by the nature and shape of the landscape.  There is an unfinished development below the site which should be finished before any more development is undertaken.  The Shropshire side of the same landscape is an AONB and remains largely unspoilt why does this not apply to the Welsh side.  The accident rate has been calculated for the period 2009 – 2013. How can this be relevant when it has not taken into account the new development of 40 houses and the extra traffic they will create.  Churchstoke is not an ideal place for achieving housing targets due to its rural nature, minimal infrastructure and existing strain on services.  The existing site could be used as allotments for current home owners in the area who have small gardens.

Grounds of Support:

 The scheme will bring new families to the village which would in turn have a positive effect on the number on roll at the school.

Planning History

P/2009/0238 – Installation of a sewage treatment plant. This application has been withdrawn.

P/2009/0210 – Section 73 application for the removal of condition No. 6 attached to planning permission M/2006/1182 (mains sewer connection). This application has been withdrawn.

M/2006/1182 – Erection of a dwelling (outline) and formation of vehicular access. Conditional Consent.

P/2008/0420 – Reserved matters application for siting, appearance, design, access and landscaping relating to proposed dwelling. Conditional Consent.

Principal Planning Policies

National Planning Policy Planning Policy Wales (8th Edition, 2016) Technical Advice Note 1 - Joint Housing Land Availability Study (2015)

Technical Advice Note 2 - Planning and Affordable Housing (2006) Technical Advice Note 5 - Nature Conservation and Planning (2009) Technical Advice Note 12 - Design (2016) Technical Advice Note 15 - Development in Flood Risk Areas (2004) Technical Advice Note 18 – Transport (2007) Technical Advice Note 23 - Economic Development (2014)

Local Planning Policy-Unitary Development Plan for Powys (March 2010) UDP SP2 - Strategic Settlement Hierarchy UDP SP3 - Natural, Historic and Built Environment UDP SP4 - Economic Development and UDP SP5 - Housing Development UDP SP6 - Development and Transport UDP SP9 – Local Community Services and Facilities UDP SP14 - Development in Flood Risk Areas UDP GP1 - Development Control UDP GP2 – Planning Obligations UDP GP3 - Design and Energy Conservation UDP GP4 - Highway and Parking Requirements UDP ENV1 - Agricultural Land UDP ENV2 - Safeguarding the Landscape UDP ENV3 - Safeguarding Biodiversity and Natural Habitats UDP ENV7 – Protected Species UDP HP3 - Housing Land Availability UDP HP4 - Settlement Development Boundaries and Capacities UDP HP5 - Residential Development UDP HP6 - Dwellings in the Open Countryside UDP HP7 - Affordable Housing within Settlements UDP HP8 - Affordable Housing Adjoining Settlements with Development Boundaries UDP CS3 – Additional Demand for Community Facilities UDP T2 - Traffic Management UDP TR2 - Tourist Attractions and Development Areas UDP RL6 - Public Rights of Way and Access to the Countryside UDP DC8 – Public Water Supply UDP DC9 – Protection of Water Resources UDP DC10 - Mains Sewerage Treatment UDP DC13 - Surface Water Drainage

Affordable Housing for Local Needs Supplementary Planning Guidance (SPG) (July 2011) Powys Residential Design Guide

Officer Appraisal

Section 38 (6) of the Planning and Compulsory Purchase Act 2004

Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material

12 considerations indicate otherwise. For the avoidance of doubt, the development plan in this instance is the Powys Unitary Development Plan 2001-2016.

Outline Application

The application is for outline consent with all matters reserved except access. Should permission be granted, reserved matters (appearance, landscaping, layout and scale) will form separate applications for consideration at a later date. The plans to be considered in relation to this application are:

 Site Plan dated March 2015  Illustrative Site Layout dated April 2015  Preliminary Longitudinal Sections dated July 2015

Principle of Development

The proposed development lies wholly outside the settlement boundary of Churchstoke, as detailed on inset map M117, and would result in up to 40 dwellings being constructed outside the settlement boundary.

Outside of settlement boundaries, UDP Policy HP4 applies and this states that ‘outside settlement boundaries, proposals for new residential development will only be approved where they comply with UDP Policies HP6, HP8 or HP9.’ Policy HP6 relates to rural enterprise dwellings, policy HP8 relates to affordable dwellings adjoining a settlement boundary and Policy HP9 relates to affordable dwellings within rural settlements. It is considered that the proposed development does not comply with UDP Policy HP6, HP8 or HP9. The proposed development is therefore not in accordance with the UDP and should be considered a departure.

Housing Land Supply

The departure is being justified by the applicant on the basis that Powys County Council does not have a 5 year housing land supply.

Paragraph 9.2.3 of Planning Policy Wales states that ‘Local planning authorities must ensure that sufficient land is genuinely available or will become available to provide a 5- year supply of land for housing judged against the general objectives and the scale and location of development provided for in the development plan.’

The Powys Joint Housing Land Availability Study (JHLAS) 2015 states that there was 1.9 years supply of housing land in the Powys Local Planning Authority (LPA) area. Failure to have a 5-year housing land supply is an important material consideration that should be taken into account when determining this scheme. Technical Advice Note 1: Joint Housing Land Availability Studies (2015) states as follows:

“The housing land supply should also be treated as a material consideration in determining planning applications for housing. Where the current study shows a land supply below the 5 year requirement or where the local planning authority has been unable to undertake a study, the need to increase supply should be given considerable weight when dealing with

13 planning applications provided that the development would otherwise comply with development plan and national planning policies”.

The JHLAS identified a significant undersupply of housing land within Powys. As mentioned above, TAN 1 confirms that the need to increase supply should be given considerable weight but only where the development would otherwise comply with development plan and national planning policies.

It may be of interest for members to note that this site has been considered as Candidate Site 469 for allocation in the emerging Local Development Plan. However, site 469 was excluded from the plan following assessment and the following comments were offered in the Site Status Report:

Site is gently sloping pasture land that lies to the north of the highway between a UDP housing allocation (ref. M117 HA2) to the west and existing residential development and UDP housing allocation (ref. M117 HA6) to the east. Whilst the site itself does not lie within the settlement's development boundary it may be considered a logical extension to the built form of the settlement. However, a number of issues have been identified by stakeholders that may constrain the site's development. Highways have advised that a land allocation can only be supported if working in conjunction with CS751 (opposite side of main road) so as to provide suitable junction spacing etc. The site is also sensitive in heritage terms and its allocation would link two currently separate built up areas which may be to the detriment of the landscape and settlement character. The local council only support a smaller site. Notwithstanding the question as to suitability, the site is not recommended for allocation as it is considered that the existing site commitments in Churchstoke will meet the housing requirement of the settlement over the Plan period. The site is therefore not required for land allocation.

Notwithstanding the above, Members should also note that the lack of housing land supply should be primarily considered on a county-wide basis and appeal decisions tend to focus on this alone.

At a local level, Development Management is aware of an undeveloped allocation within the settlement (allocation M117 HA4). To date, no application has been received for the development of this site.

In light of the above, whilst acknowledging that the proposal does constitute a departure from the development plan, Members are advised that the lack of a five year housing supply in Powys does need to be given considerable weight in the determination of this application. However, before reaching a decision, the scheme will need to be considered against other polices contained within the UDP in order for a balanced view to be made on the acceptability of the development overall.

Sustainable Location

When providing additional housing it is important to consider whether the scheme can be considered to be sustainable development. This can relate to a wide range of matters including public transport provision and access to education, employment opportunities and other services.

Churchstoke is considered a key settlement in the UDP. Whilst key settlements do not have as wide a range of services and facilities as the area centres, they normally act as an important service hub to the surrounding area.

It is noted that the settlement of Churchstoke is served by a church, primary school, community centre, public houses, shop, garage, supermarket, post office, bowling club, village green, allotments, football pitch and tennis courts. It is also noted that it is served by a bus route with regards to public transport.

In light of the above, the site is considered to be a sustainable due to the amenities and services provided locally and additional residential development in this location would accord with the provisions of Planning Policy Wales in so far as it is a sustainable location.

Affordable housing provision

With regards to affordable housing provision, the Unitary Development Plan Policy HP7 requires, among other matters, the provision of affordable housing within applications for five or more dwellings. The proportion secured should be based on the extent and type of need identified by a robust data source.

The Affordable Housing for Local Needs Supplementary Planning Guidance (SPG) states that our starting point for affordable housing provision on schemes of more than 5 dwellings should be 30-35%. However, the Community Infrastructure Levy Viability Assessment Report, dated October 2014 (which has been used as published evidence for the LDP), states that 20% provision would be viable in the ‘Severn Valley’ area in which Churchstoke lies.

The application documents states that 7-10 affordable dwellings would be provided which, assuming that 10 will be provided on a development of 40 houses, would constitute a 25% affordable housing provision.

Although this is less than that suggested in the SPG, it is in excess of that shown to be viable in the evidence for the LDP and is therefore considered to be reasonable. In light of this, the proposal is considered compliant with the principle of policy HP7.

Impact on historic environment

Listed Buildings:

The general duty with regards to listed buildings in exercising planning functions is set out within Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990. It states that the local planning authority shall have special regards to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses when considering whether to grant planning permission for a development. This duty is echoed in UDP policy ENV14.

There are limited heritage assets in the locality but there are a number of listed buildings within Churchstoke itself. However, none are considered to have a setting that would be detrimentally affected by the proposed development.

Conservation area:

The general duty with regards to conservation areas in exercising planning functions is set out within Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990. It states that the local planning authority shall have special regards to the desirability of preserving or enhancing the character or appearance of the area when considering whether to grant planning permission for a development. This duty is echoed in UDP policy ENV11.

It is noted that the Churchstoke Conservation area is located to the south west of the proposed development. It is not considered detrimentally affected by the proposed development.

Ancient monuments:

The desirability of preserving a scheduled ancient monument and its setting is a material consideration in determining a planning application whether the monument is scheduled or not. This is set out in Planning Policy Wales and Circular 60/96. UDP policies ENV17 and ENV18 also set out this consideration at a local level.

As the statutory consultee for scheduled ancient monuments, Cadw have confirmed that they do not consider there would be any unacceptable impacts on scheduled ancient monuments from the proposed development.

Registered parks and gardens:

Planning Policy Wales explains that local authorities should protect parks and gardens and their settings included in the first part of the register of Landscapes, Parks and Gardens of Special Historic Interest in Wales. This consideration is also set out in UDP policy ENV16

As the statutory consultee for registered parks and gardens, Cadw have confirmed that they do not consider there would be any unacceptable impacts on scheduled ancient monuments from the proposed development.

Given the above, it is not considered that there would be unacceptable impacts on the historic environment and the proposal would accord with policy SP3 in this respect.

Design and layout

Guidance contained within UDP policy HP5 indicates that residential development will be permitted where the development is of an appropriate scale, form and design and general character, to reflect the overall character and appearance of the settlement and surrounding area.

Whilst design and layout are reserved and will be dealt with at a later point in time, it is relevant to consider whether the number of dwellings proposed could be appropriately developed on the site.

The indicative layout resembles a modern layout comprising two cul-de-sacs. This layout is broadly comparable to the existing development to the west and further to the east. More importantly it shows that up to 40 dwellings could be accommodated on the site. Detailed design will follow at a later date (if this application is permitted) and this will give the opportunity to ensure the dwellings are designed in an appropriate manner to accord with the character of the settlement.

Impact on residential amenity

UDP policy GP1 states that development proposals will only be permitted where the amenities enjoyed by the occupants of nearby or proposed properties will not be unacceptably affected.

Although layout is a reserved matter, consideration has been given to the potential separation distances between properties, as well at their siting, orientation and elevation, and it is considered that a scheme could be designed that would not unacceptably impact on residential amenity.

The comments from the Environmental Health Department are noted with regards to the potential for amenity to be affected during the construction phase of the development and the suggested condition to control this matter has been set out at the end of this report.

It is considered that the proposal is capable of according with UDP policy GP1 and the guidance set out in the Powys Residential Design Guide so far as it relates to residential amenity.

Landscape and visual impacts

As previously noted the application site sits in an elevated position to the east of Churchstoke. The Candidate Site Status report notes that development of the site ‘would link two currently separate built up areas which may be to the detriment of the landscape and settlement character.’

The application site sits, as pointed out in representations by members of the public, in a countryside area with pleasant views towards and from the site. In terms of LANDMAP Visual Sensory Areas (VSA);  the site sits within the Todleth Hill and Scarp VSA (MNTGMVS687) – medium sensitivity  circa 1.3km east-northeast of the site is the Cordon Hill VSA (MNTGMVS895) – high sensitivity  circa 0.46km south of the site is the Church Stoke Open Farmland VSA (MNTGMVS266) – high sensitivity  circa 5.5km to the south across the open valley is the Kerry Ridgeway VSA (MNTGMVS254) – high sensitivity

In addition, the Shropshire Hills AONB is around 7km due south and follows the Kerry Ridgeway at this location. This long distance footpath has historical interest being 15 miles long and connecting Cider House Farm, near the village of Kerry to the west, with Bishops Castle in England.

Numerous public rights of way that traverse the wider areas mentioned above, most of which benefit from relatively unimpaired views of the surrounding countryside.

The existing settlement of Churchstoke is largely contained within the landscape, being situated lower in the valley and being generally well screened by vegetation. Although, it is noted that the site rises to the east and is elevated from existing developments to the west, it is not considered that the proposal would be unacceptable in landscape or visual terms. The proposed site will link the two clusters of development that form Churchstoke settlement and the proposed development will be no higher than other developments to the east. From existing views of Churchstoke, the development will be read as a logical extension. It is accepted that the proposed development may be visible from surrounding sensitive landscapes, but would be at such a distance that any impact would be diminished to an acceptable level.

UDP Policy ENV2 states that proposals should ‘take account of the high quality of the landscape throughout Powys and be appropriate and sensitive to the character and surrounding landscape’. It goes on to state that proposals which are acceptable in principle should ‘contain appropriate measures to ensure satisfactory Integration into the landscape’.

It is considered that this policy requirement has been met but further consideration will need to be given to appropriate landscaping at reserved matters stage.

Impact on highway network and parking arrangements

UDP policy GP4 requires adequate highway provision in terms of a safe access, visibility, turning and parking.

The applications documents confirm that a sufficient supply of parking will be provided on- site to serve the development. Access to the site is within an existing 30mph speed limit off the A489 and will meet adoptable standards. Conditions have been suggested by the Local Highway Authority and have been attached in full.

The Local Highway Authority has also suggested the provision of a bus shelter to serve the development. This would need to be secured via a section 106 legal agreement between the developer and the Council.

It is considered that subject to conditions the proposal in respect of highways is acceptable and accord with the provisions of UDP policy GP4.

Surface and foul water disposal

The application details that the site will be served by mains systems in respect of the disposal of foul waters and that surface water will be dealt with by soakaways within the site.

The proposed use of mains sewerage disposal is complaint with UDP policy DC10 and although full details of the soakaways have not been provided within the application in relation to surface water drainage, it is considered that the site is capable of

18 accommodating appropriate provision to serve the development in accordance with UDP policy DC13.

Both PCC Land Drainage and Severn Trent Water have confirmed that they do not object to the proposed development subject to conditions relating to the agreement of surface and foul water drainage plans. It is therefore considered that proposals in this regard are acceptable subject to conditions which have been attached at the end of this report.

Impact on Ecology

The Council acknowledges the need to protect biodiversity from adverse development through careful monitoring, maintenance and the protection of habitats and species worthy of conservation. Therefore the nature conservation polices in the UDP seek to safeguard and enhance biodiversity, and these objectives are also echoed in national policy (TAN5 and Planning Policy Wales).

The applicant has submitted an Ecological Assessment which is considered to be robust in its findings. In addition NRW have confirmed that the proposals are acceptable subject to the measures set out in Section 5 being secured by condition. These recommendations relate to habitats, bats, badgers, birds and a series of compensation and enhancement recommendations.

In light of the above, the ecological impacts are likely to be acceptable subject to conditions being imposed securing the measures set out in the Ecological Assessment. The condition has been set out at the end of this report.

Development and flood risk

The application site is within Zone A of the TAN15 Development Advice Maps. In light of this and no objection from NRW, the proposal is considered to comply with planning policy.

Recommendation

Although it is noted that the proposed development is a departure from the adopted development plan, considerable weight must be given to the need to increasing housing land supply. The proposed development is for the provision of 40 dwellings in a sustainable location. It is considered that the material consideration of the lack of housing land supply within the county warrants the approval of this development contrary to the provisions of the development plan.

It is recommended that the application be approved subject to the conditions set out below and subject to the applicant entering into a Section 106 agreement with the Council with regards to the provision of affordable housing and a bus shelter.

1. Details of the access, layout, appearance, landscaping and scale, (hereinafter called ""the reserved matters"") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

2. Any application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission.

3. The development shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

4. No development shall commence until full engineering details, calculations (to include porosity tests) and proposed soakaway designs or other best management practice Sustainable Drainage Systems should be submitted and approved in writing by the LPA. The approved scheme shall be completed before any of the dwellings are occupied. Before these details are submitted, an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: a. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; b. include a timetable for its implementation; and c. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

5. The development hereby permitted must be served by the public foul sewerage system (mains) prior to the occupation of any of the units.

6. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any of the units or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year defects period.

7. Prior to the construction of the dwellings hereby approved details or samples of the materials to be used in the construction of the external surfaces of the dwellings shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

8. Prior to the occupation of the dwelling any entrance gates shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the dwelling/development hereby permitted remains in existence.

9. The gradient of the access shall be constructed so as not to exceed 1 in 30 for the first 10 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

10. The centre line of the first 15 metres of the access road measured from the edge of the adjoining carriageway shall be constructed at right angles to that edge of the said carriageway and be retained at that angle for as long as the development remains in existence.

11. Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 43 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway and 10 metres distant from the edge of the adjoining carriageway and 10 metres in each direction. Nothing shall be planted, erected or allowed to grow on the areas of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

12. Within 5 days from the commencement of the development clear visibility shall be maintained above a height of 0.26 metres above carriageway level over the lull frontage of the developed site to the estate road effective over a bandwidth of 2.4 metres measured from the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the areas of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

13. Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of subbase material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 10 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed.

14. Prior to the occupation of any individual dwelling, provision shall be made within the curtilage of that dwelling for the parking of not less than 1 car per bedroom excluding any garage space provided. The parking areas shall be retained for their designated use in perpetuity.

15. The gradient from the back of the footway/verge to the vehicle parking areas shall be constructed so as not to exceed 1 in 15 and shall be retained at this gradient for as long as the dwellings remain in existence.

16. Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 0.45 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development.

17. The width of the access carriageway, constructed as condition 13 above, shall be not less than 5.5 metres for a minimum distance of 15 metres along the access measured

21 from the adjoining edge of carriageway of the county highway and shall be maintained at this width for as long as the development remains in existence.

18. Prior to the occupation of the development a radius of 10 metres shall be provided from the carriageway of the county highway on each side of the access to the development site and shall be maintained for as long as the development remains in existence.

19. Any internal side-road junctions shall have a corner radii of 6 metres.

20. The centre line radii of all curves on the proposed estate road shall be not less than 20 metres.

21. No building shall be occupied before the estate road carriageway and one footway shall be constructed to and including binder course level to an adoptable standard including the provision of any salt bins, surface water drainage and street lighting in front of that building and to the junction with the county highway.

22. The estate road carriageway and all footways shall be fully completed, in accordance with the details to be agreed in writing by the Local Planning Authority, upon the issuing of the Building Regulations Completion Certificate for the last house or within two years from the commencement of the development, whichever is the sooner. The agreed standard of completion shall be maintained for as long as the development remains in existence.

23. Prior to the occupation of any dwelling the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 10 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence.

24. When installed there shall be a minimum clearance of 6 metres from the nearest part of the adjoining highway verge or footpath to any part of the septic tank or its soakaway installation.

25. Upon formation of the visibility splays as detailed in condition 11 above the centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay and retained in this position as long as the development remains in existence.

26. The area of each private drive and any turning area is to be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling and retained for as long as the development remains in existence.

27. No storm water drainage from the site shall be allowed to discharge onto the county highway.

28. Any works relating to the construction of the development shall not take place outside the following hours: Mon-Fri 0800-2000 and Saturdays 0800-1300 with no working on Sundays or bank holidays.

29. The development shall only be undertaken in accordance with section 5 of the Ecological Assessment (March 2015) included with the planning application.

Reasons:

1. To enable the Local Planning Authority to exercise proper control over the development in accordance with Section 92 of the Town and Country Planning Act 1990. 2. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 3. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 4. To ensure that the proposed surface water drainage system for the site are fully compliant with regulations and are of robust design in accordance with policy DC13 of the Powys Unitary Development Plan. 5. To ensure that development is served by the public system in accordance with policy DC10 of the Powys Unitary Development Plan. 6. To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment, visual amenity and privacy in accordance with policies GP1 and ENV2 of the Powys Unitary Development Plan. 7. In the interests of the visual amenity of the area and to ensure the satisfactory appearance of the building in accordance with policies GP1 and GP3 of the Powys Unitary Development Plan and the Council’s Residential Design Guide. 8 to 27. In the interests of highway safety in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan. 28. To safeguard residential amenity in accordance with policy GP1 of the Powys Unitary Development Plan. 29. In the interests of biodiversity preservation and enhancement in accordance with policies ENV3 and 7 of the Powys Unitary Development Plan.