Committee and date Item/Paper
South Planning Committee
26 February 2013 9
Development Management Report
Responsible Officer: Stuart Thomas email: stuart.thomas@shropshire.gov.uk Tel: 01743 252665 Fax: 01743 252619
Summary of Application
Application Number: 12/04646/OUT Parish: Shifnal
Proposal: Outline application (access) for residential development; erection of a community swimming pool, a medical centre and community allotments, with associated parking, public open space, including balancing pond, and associated earthworks and other ancillary works
Site Address: Proposed Residential Development Land North Of Haughton Road Shifnal Shropshire
Applicant: Lioncourt Homes
Case Officer: Richard Fortune email: [email protected]
Grid Ref: 374773 - 308704
© Crown Copyright. All rights reserved. Shropshire Council 100049049. 2011 For reference purposes only. No further copies may be made.
Contact: Stuart Thomas (01743) 252665
South Planning Committee: 26 February 2013
Recommendation:- Subject to withdrawal of the Direction by the Highways Agency and satisfactory agreement on the extent and form of off-site traffic calming works, Grant Permission subject to a Section 106 Agreement relating to affordable housing provision and the financial contribution towards the swimming pool and the conditions set out in Appendix 1, together with any other appropriate conditions/matters to be included within the legal agreement requested by the Highways Agency.
Recommended Reason for Approval
The proposed development on this safeguarded land would be contrary to current Development Plan policies relating to residential development and the restrictions placed on the land by saved Bridgnorth District Local Plan policy S4. However the Council has accepted with the publication on 1st February 2013 that the Shropshire administrative area does not have the minimum 5 year land supply and buffer percentage required by the National Planning Policy Framework (NPPF). In these circumstances the NPPF states that the policies for the supply of housing must be considered out of date and there is a presumption in favour of sustainable development. The proposed development would constitute sustainable development in this location and there are no material considerations relating to landscape impact, highway safety, neighbour amenity, drainage, ecology , archaeology or the delivery of affordable housing that would override the presumption in favour of development in this case.
In arriving at this decision the Council has used its best endeavours to work with the applicant in a positive and proactive manner to secure an appropriate outcome as required by the National Planning Policy Framework, paragraph 187.
REPORT
1.0 THE PROPOSAL
1.1 This proposal relates to some 18 hectares (44.5 acres) of land to the north of Haughton Road, Shifnal. The application site extends northwards to the M54 boundary, to Newport Road to the east and to the edge of the Haughton Conservation Area to the west. It is land outside of the Shifnal development boundary shown in the Bridgnorth District Local Plan and forms part of the safeguarded land around the Town. This land is not within the Green Belt but has been afforded some protection from development by saved Local Plan Policy S4 which states:-
“Within the areas of safeguarded land planning permission will only be given for the types of development that would be acceptable in the Green Belt (see policy S3), provided that no such development will be permitted where it would prejudice the possible future use of the land to meet the settlement’s long term development needs.”
1.2 The proposal is an outline planning application for residential development of up to 400 dwellings, along with the erection of a community swimming pool, a medical centre and community allotments, together with associated parking, public open space, balancing ponds and associated earthworks to facilitate surface water drainage and other ancillary works. All matters are reserved for later approval, with the exception of the two proposed ‘T’ junction access points into the application site which would each feature a raised speed table in the Haughton Road carriageway.
Contact: Stuart Thomas (01743) 252665
South Planning Committee: 26 February 2013
There would also be improvements to the junctions of Haughton Road and Drayton Road with Newport Road by the creation of double mini roundabout. There would be new pedestrian crossings at the south east corner of the site across both Haughton Road and across the Newport Road double mini roundabouts.
1.3 The illustrative master plan shows a medical centre in the south eastern corner of the site with its own dedicated parking area. The community allotments are shown in the north eastern corner of the site, at the eastern end of a landscaped buffer area to the M54. Just offset from a central position in this landscaped buffer/open space area a swimming pool building is shown, with its own parking area. Immediately to the south of this building a spine of open space is shown, incorporating balancing ponds, which would extend down to Haughton Road. An internal loop road extending up to the open space buffer in the northern part of the site, linking the two access is shown, with subsidiary spur roads off this min internal access road. The layout demonstrates how Mews Courts and public squares could be incorporated into the development, along with the retention of stone walls and hedgerow. The supporting Planning Statement makes it clear however that, in the event of outline planning permission being granted, the final layout of the site would be determined through the consideration of reserved matters application(s).
1.4 The proposed dwellings would be up to two storey in height, with eaves lines between 4.5m and 6m, and ridge lines between 7m and 9m. It is indicated that the swimming pool and medical centre would also be two storey structures, with eaves lines ranging from 5m to 7m and ridge lines from 7m to 12m, with detailed design considerations being determined at the reserved matters stage. Affordable housing would be provided at the current rate of 13%, with the density of the proposed development being 22 dwellings per hectare gross, which equates to some 32-33 dwellings per hectare net.
1.5 The agent states that the proposal will provide a serviced site for a community swimming pool at the northern end of the application site within the open space, as well as £750k funding for the delivery of the pool, which will need to be supplemented by funding from other sources. This facility has been included in the proposal as a result of feedback received at public consultation events. However they advise that the applicants will not be managing the operation of the swimming pool and the pool will only be delivered if there is a robust business to sustain a pool. The applicants would reserve the land for the delivery of the swimming pool for a period of five years from implementation, with the opportunity for the land to subsequently be used for an alternative use upon expiry of this period if there is deemed insufficient interest of business case for the delivery of the pool.
1.6 With regard to the medical centre element of the proposed scheme, the agents state that this has been included in the scheme in response to the currently unmet need within Shifnal for a replacement for the existing medical centre. The applicants propose to reserve land for the delivery of a medical centre for a period of two years from implementation, with the opportunity for the land to subsequently be used for an alternative use upon the expiry of this period if there is deemed insufficient interest in delivering a medical centre on this site. Similarly the applicants propose that land would be reserved in the north east corner of the site for a period of two years from implementation to facilitate the potential delivery of allotments. The inclusion of allotments is in response to feedback received at the public consultation events.
Contact: Stuart Thomas (01743) 252665
South Planning Committee: 26 February 2013
1.7 The application is accompanied by a Planning Statement; Archaeological Assessment; Baseline Ecological Summary Assessment; Flood Risk Assessment; Landscape and Visual Appraisal; Noise Assessment; Air Quality Assessment; Transport Assessment; Framework Travel Plan; Arboricultural Assessment; Statement of Community Involvement; Conservation Area Setting Assessment and a Design and Access Statement.
1.8 A screening opinion was issued in October 2012 to the effect that the proposed development would not require an Environmental Impact Assessment (ref: PREAPP/12/00249).
1.9 An outline planning application has also been submitted recently for the development of 3,000 sqm of office floor space, with associated parking, earthworks and other ancillary works within the north eastern corner of the current application site (ref13/00273/OUT). These offices would be sited between the indicative sitings for the swimming pool and the allotments and application will be the subject of a separate report.
2.0 SITE LOCATION/DESCRIPTION
2.1 The application site comprises of a single agricultural field, located on the northern side of Shifnal. The site is bounded by Haughton Road to the south, which has existing residential development along its southern side, and by Newport Road to the east, beyond which is the Admirals Farm housing development. To the north is the M54, while to the west is farm track associated with Haughton Village Farm, agricultural land and, adjacent to the south western corner of the site, existing dwellings (including a nursing home) and the Haughton village conservation area. The field gate access is in the south eastern corner of the field, at the junction of Haughton Road with Newport Road.
2.2 The land is generally level, but slopes gently down from higher land along the northern boundary to the lower land at Haughton Road. There is a more pronounced down ward slope towards Newport Road at the north eastern edge of the site. The site is enclosed by hedgerows, with close boarded fence in the south west corner adjacent to the nursing home, and a low stone wall supplementing the hedging along the southern boundary. There are trees along the northern boundary with the M54 which are outside of the application site.
3.0 REASON FOR COMMITTEE DETERMINATION OF APPLICATION
3.1 The proposed development would result in the provision of dwellings on land outside of the current Shifnal Town Development Boundary on safeguarded land and an approval would be a departure from Development Plan policy. It is the Officer view that there are significant material planning considerations that would justify a departure from Development Plan housing policy in this case. Objections to the proposed development have been received and the Council’s adopted scheme of delegation requires such applications to be determined by Committee.
Contact: Stuart Thomas (01743) 252665
South Planning Committee: 26 February 2013
4.0 Community Representations
- Consultee Comments
4.1 Shifnal Town Council – Recommend approval subject to the following being addressed: 1) Full assessment by the relevant authorities of any potential flooding risk; 2) The permanent reduction of speed in Haughton Road by bollards and a raised junction; 3) The construction of pedestrian crossings to allow for access to Admirals, Newport Road, Wharfe Road, Curriers Lane and Idsall School.
4.2 Highways Agency – Direction issued stating that planning permission not be granted for a period of 3 months from the date of 7th January 2013. The reason for the direction is because the applicant has not provided satisfactory information that the operation of the M54 motorway is not affected by the proposal. The 3 month period is to give the applicant time to address the issues raised by the Highways Agency relating to the Transport Assessment and draft Framework Travel Plan concerning trip rates and generation; trip distribution and assignment and possible impacts upon M54 Junction 4; assessment years; traffic impact assessment; existing sustainable transport and the action plan. At the time of writing this report the applicants have sent a response on these issues to the Highways Agency and a response is awaited from that Agency.
4.3 SC Highways Development Control – No objection in principle subject further discussions and commitment from the applicant regarding traffic calming/localised improvements on Haughton Road and Haughton Lane; Recommend conditions relating to the construction of the accesses and junction improvements, together with approval of travel plan.
4.4 SC Drainage – No objection: The outline drainage proposals set out in the drainage and flood risk assessment are acceptable in principle.
4.5 SC Historic Environment Officer – No comments to make on this application.
4.6 SC Public Protection – After considering the information provided have no comments to make at this stage. As suggested in the noise assessment would welcome the opportunity to comment at a later date when detail is provided as to how noise will be reduced by window specifications and the orientation and positioning of buildings.
4.7 SC Archaeology – Confirm that the Archaeological Assessment report submitted with the application provides a satisfactory level of information about the archaeological interest of the proposed development site in relation to paragraph 128 of the NPPF. In relation to paragraph 141 of the NPPF, recommend that a programme of archaeological work, to comprise a site walkover survey prior to any ground clearance and an archaeological watching brief during the initial soil stripping operations, be made a condition of the proposed development.
4.8 SC Ecology – No objection: Have studied the Baseline Ecological Summary Assessment and recommends conditions requiring the provision of 10 bat boxes suitable for nursery or summer roosting by small crevice dwelling bat species; the approval of an external lighting plan; the provision of 15 artificial nests for small
Contact: Stuart Thomas (01743) 252665
South Planning Committee: 26 February 2013
birds; nesting opportunities for swallows, and informatives relating to bats, nesting birds and badgers.
4.9 SC Affordable Housing – Comment: Site would be required to contribute towards affordable housing, and the level of contribution would be at the prevailing rate given in the SPD on the Type and Affordability of Housing applicable at the date of submission of the reserved matters application if outline consent is granted. The current prevailing rate for affordable housing during 2012/13 is 13%. The assumed tenure split would be 70% for affordable rent and 30% for shared ownership and they would be transferred by the developer to a housing association for allocation from the housing waiting list in accordance with the Council’s prevailing housing allocation policy and scheme. In terms of the size and property types of affordable homes required, would expect a scheme of this number to provide a full range of properties including houses and bungalows for households requiring 1, 2, 3 and 4+ bedrooms. All these matters would be controlled by way of a Section 106 Agreement.
4.10 SC Planning Policy – Comment: This application and the application for 3,000sqm office floorspace (ref 13/00273/OUT) together offer a suitable mix of employment, community intrastructure and open space provision to provide well-balanced, sustainable development that accords with Core Strategy policies CS3, CS6, CS8 and CS9. In the absence of a five year supply of housing land in Shropshire and given Shifnal Town Council’s consistent support over a period of time for development on this site it would be appropriate to grant planning permission as a departure from adopted planning policies.
4.11 SC Parks and Recreation – No reply received
4.12 SC Learning and Skills – No reply received
4.13 Chief Fire Officer – Comments on the access requirements for emergency fire vehicles, water supplies and the benefits of sprinkler systems.
4.14 Severn Trent Water - No objection: Recommend a condition requiring the submission of drainage plans for the disposal of surface water and foul sewage and for the scheme to be implemented in accordance with the approved details.
4.15 Environment Agency – No objection: Site lies within Flood Zone 1, the low risk zone, and defer to Shropshire Council’s Drainage Team (As the Lead Local Flood Authority) and their comments with regards to the submitted Flood Risk Assessment.
4.16 West Mercia Constabulary(Architectural liaison) – No reply received
4.17 Shifnal Town Plan Steering Committee – Comment: -Site ranked 4th of a list of 5 sites and it would be disappointing if this proposal, on grade 2 agricultural land, would take precedence over the development of a brown field site at Aston Street and extension of the Taylor Wimpey sites, the two preferred sites within SAMDev; Town Council letter of 19-7-12 supports 300 dwellings on the site, not the 400 noted in the application -Access to the M54 would be through areas of Shifnal which are currently areas of
Contact: Stuart Thomas (01743) 252665
South Planning Committee: 26 February 2013
congestion and noted as areas of concern within the Town Plan -Question claim in Planning Statement that the development will not give rise to any adverse transport implications as vehicles from the proposed development, potentially 800 seeking to access Halesfield or Wolverhampton would impact upon Bradford Street, Church Street and Market Place. -Appendices to Traffic Assessment notes two fatal and one serious accident on Haughton Road and with increased traffic should consider traffic calming along Haughton Road, not limited to the vicinity of the site; suggest Haughton Road be widened to approximately three lanes and a large proportion of the third lane adjacent to the development be used to improve the sight lines and widened the junctions in and out of the development; suggest a pedestrian crossing on Haughton Road adjacent to the site be incorporated into the plan. -Town Plan has identified a need over the next 5 to 10 years for executive housing, but note that development would be largely mid to high density housing. -Town Plan identified need for sheltered housing for elderly people, but proposal appears to make no allowance for sheltered housing -More affordable housing for young people would be welcomed -Public open space on ’Master Plan’ disjointed -Preferable if the allotments were gifted to Shifnal Town Council to oversee and manage to prevent this area being developed at a later stage. -Not reasonable or practical for the Wheatfield Road play area to contribute to the recreational and play needs of the development as potentially it could house almost 1000 children below the age of 18 -Construction cost of swimming pool of the size proposed based on BCIS build cost figures would be in the order of £1.95m inclusive of fees. Should secure the best package of community benefits and financial contributions for the Town before any additional greenfield development sites are approved.
-Public Comments 4.18 26 Objections have been received from members of the public which are summarised below. The full letters/comments may be found on the planning file:
-Haughton Road very busy and highway infrastructure inadequate for additional traffic -Haughton Road filters onto a very narrow and winding country lane; have been several collisions in the past few years including one fatality -Sceptical about the effectiveness of road improvements; will become black spot -Traffic needs to be reduced, not increased -30mph speed limit rarely obeyed -Do not wish to see speed bumps or other traffic calming measures as wish to park outside own house when need arises -Will there be double yellow lines opposite the new accesses on Haughton Road? -Cars damaged already when parked on road -Should be no access from Haughton Road -Will make it difficult to access and egress existing drives -Increased risk to other road users including cyclists and pedestrians 400 houses could mean 1000 people including children crossing road on foot on a daily basis -No footpath on part of Haughton Road -Out of keeping with area -Environmental disaster
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South Planning Committee: 26 February 2013
-Erosion of Green Belt -Should keep village boundaries secure; overdevelopment -Should not set precedence with use of Green Belt -Will make Shifnal closer to Telford -There is an allocated site for development within the existing Shifnal development boundary -Suitable brown field sites available for development; plot of land off Aston Street could be developed without too much disturbance to the surroundings or the Town -Field in constant agricultural use and should remain that way -Need more open space, not less
-Mews Courts too close to Haughton Road; overlooking -More pollution; more road noise -Disruption -Air pollution
-Balancing pond provision minimal; if two thirds of site is paved over and there is 25mmm of rainfall the 3000 cubic metres of water will need ponds with an average depth of 7.5m -Balancing pond would need to be at least two thirds the size of the proposed site for development to safeguard the risk of flooding -Drainage poor and excess water lies on road -Garden at rear flooded by Wesley Brook -Balancing lakes in time will overflow and swamp the town -Developments at Prioslee and the use of balancing ponds a contributory factor to the 2007 Shifnal floods; not satisfied that all the risks associated with balancing pools have been mitigated -No control if balancing ponds are full and water will flow to Wesley Brook, causing damage and flooding -Wesley Brook struggles to deal with all the run- off water from Priorslee; flows have noticeably increased in it in recent years -I in 100 years flood fear now totally discredited and planners must re-think the risks in the light of immediate history and current obvious risks -Has responsibility for maintaining bank (not Environment Agency) and in 2007 had to spend in excess of £3000 to deal with damage done by an upstream event -Seeks written assurances that the proposed development poses no risks to his land and property and that of other residents in Shifnal -Would expect to be compensated by the local authority who grants permission if their property is subsequently damaged by floods -Blocked sewers in area reported to Severn Trent and Environment Agency, with raw sewage running into Wesley Brook; will have detrimental impact on this -Should consider measures to protect environment in construction phase; collection of grey water for use in the properties -Developer should carry out works to the banks of Wesley Brook through Shifnal to protect properties potentially at risk from this development -Valuable resource -Harm property values -Question need -Money making exercise -Sceptical of claimed social benefits; Expect that doctors surgery, swimming pool and allotment area will not come to fruition; these facilities sited in area close to
Contact: Stuart Thomas (01743) 252665
South Planning Committee: 26 February 2013
M54 which could not be developed for housing in any case, due to margin needed alongside motorway -Doctors surgery should be at Wolverhampton Road, with houses and swimming pool on the brown land at Aston Street to improve that part of town -More difficult site for the elderly to access in comparison with the Wolverhampton Road surgery site -Medical centre should be centrally located in the town -Swimming pool too small and should be at Idsall School -Concerned about the implications of a very large number of social houses Shifnal not equipped for another 400 houses; not enough doctors, dentists, schools overstretched; inadequate parking -North end of Shifnal served only by a small Co-Op and vets practice -Impact on wildlife e.g bird species that are in decline nationally
5.0 THE MAIN ISSUES
Principle of development Affordable Housing and on site Development Mix Visual impact and character Drainage Highway Safety Residential Amenity Ecology Archaeology Open Space
6.0 OFFICER APPRAISAL
6.1 Principle of development 6.1.1 The application site does not fall within the Green Belt but is on land outside the current Development boundary for Shifnal, shown in the Bridgnorth District Local Plan, which is safeguarded by policy S4 to be available for possible future use to meet the settlement’s long term development needs. At the present time planning permission would normally only be given for developments on the land which would be acceptable in the Green Belt, provided that such development would not prejudice its ability to meet the settlements long term needs. The erection of open market housing on the land would be contrary to current adopted Development Plan housing policies and the site is not one that was proposed by Shropshire Council in the SAMDev Preferred Options consultation in early 2012. However the National Planning Policy Framework, published in March 2012, must be taken into account and is a material consideration of significant weight in determining planning applications.
6.1.2 At paragraph 12 the National Planning Policy Framework (NPPF) states that proposed development that accords with an up-to-date Local Plan should be approved, and development that conflicts should be refused unless other material considerations indicate otherwise. There is a presumption in favour of sustainable development and at paragraph 14 the NPPF it explains that for decision taking this means that where the development plan is absent, silent or relevant policies are out of date, planning permission should be granted for development unless 1) any adverse impacts of doing so would significantly and demonstrably outweigh the
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benefits, when assessed against the policies in the NPPF taken as a whole; or 2) specific policies in the NPPF indicate that development should be restricted.
6.1.3 Paragraph 47 of the NPPF sets out a number of steps that local planning authorities should take to boost significantly the supply of housing. These include a requirement to:-
“identify and update annually a supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements with an additional buffer of 5% (moved forward from later in the plan period) to ensure choice and competition in the market for land. Where there has been a record of persistent under delivery of housing, local planning authorities should increase the buffer to 20% (moving forward from later in the plan period) to provide a realistic prospect of achieving the planned supply and to ensure choice and competition in the market for land;”
It continues at paragraph 49 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.”
These paragraphs are highly significant in the context of this planning application because Shropshire Council published an updated 2012 Five Year Housing Land Supply Statement for Shropshire and Shrewsbury on 1st February 2013. The update is based on changes to the methodology used, having regard to the requirements of the NPPF and appeal decisions across the country relating to five year land supply issues since the publication of the NPPF. The assessment shows that for 2012, at the current time, there is a 4.1 years housing land supply for Shropshire as a whole, and a 4.0 years supply for Shrewsbury. This means that the existing Development Plan housing policies are not up –to –date and a refusal of this application solely on the grounds that it is contrary to Development Plan housing policy by being outside of the development boundary for Shifnal would be most unlikely to be sustained at appeal, and could result in an award of costs against the Council for not following the National Planning Policy Framework guidance on this key principle. The effect of the NPPF has been to change the balance of the material considerations in favour of boosting housing supply and the relative weight which can be attached to the Core Strategy, saved Local Plan policies and the emerging SAMDev policies. Of particular significance, in the context of the NPPF, is that this is a site where the applicants have indicated there is a realistic prospect of the housing being delivered on the site within 5 years and this is a sustainable location, immediately next to the existing Shifnal built up area.
6.1.4 A major component of the agents planning statement is their assertion that Shropshire Council does not have five year land supply and this has been accepted by the Council with the publication of the 2012 Five Year Housing Land Supply Statement on 1ST February 2013. This proposal therefore has to be considered on its own merits in relation to the issues set out below.
Contact: Stuart Thomas (01743) 252665
South Planning Committee: 26 February 2013
6.2 Affordable Housing and On Site Development Mix 6.2.1 Core Strategy policy CS9 (Infrastructure Contributions) highlights the importance of affordable housing as ‘infrastructure’ and indicates the priority to be attached to contributions towards provision from all residential development. With regard to provision linked to open market housing development, Core Strategy policy CS11 (Type and Affordability of Housing) sets out an approach that is realistic, with regard to economic viability, but flexible to variations between sites and changes in market conditions over the plan period. The agent has advised that the proposal will deliver affordable housing at the prevailing rate to comply with Core Strategy policy CS11 and the associated Type and Affordability of Housing SPD, and would deliver a range of affordable properties at a tenure mix, size and type deemed necessary, having regard to the 2008 Shropshire and Herefordshire Strategic Housing Market Assessment, and will be integrated with market housing and phased across the site. The delivery of affordable housing would be secured through a section 106 Agreement, with their designs and siting being considered at the reserved matters stage in the event of outline planning permission being granted.
6.2.2 The proposed development includes other uses in addition to residential, comprising of a site for a doctors surgery, swimming pool and allotments. There is also the recently submitted, separate application for an area of office development (ref 13/00273/OUT). While the applicants have indicated that the land for the doctors surgery, swimming pool and allotments would only be reserved for those purposes for specified periods of time from the implementation of the housing development (See paragraphs 1.5 and 1.6 above), they would need to be provided for in any reserved matters layout and planning permission would be required to use those areas for alternative purposes. These other uses would comply with Core Strategy policy CS3, which seeks balanced housing and employment development, that helps market towns to enhance their role in providing facilities and services to their rural hinterlands, and providing foci for economic development and regeneration. The funding to contribute to the delivery of the swimming pool would have to be incorporated into a Section 106 Agreement.
6.3 Visual impact and character 6.3.1 Core Strategy policy CS6 seeks to ensure that all development is appropriate in scale, density, pattern and design taking into account the local context and character. Policy CS17 also seeks to protect and enhance the diversity, high quality and local character of Shropshire’s natural, built and historic environment. All matters other than the accesses onto Haughton Road are reserved for later approval in this case and it would be in these submissions, in the event of outline planning permission being given, that detailed design issues would be assessed. However, in terms of landscape impact it is considered that due to the relatively level nature of the site and the maximum two storey scale of development indicated in the supporting documents (see paragraph 1.4 above), and the site being contained visually by existing boundary features, residential development to the south and east, the M54 to the north and mature tree and hedgerow planting to the west, it is considered that the visual impact would be localised and would not adversely impact upon the wider landscape.
Contact: Stuart Thomas (01743) 252665
South Planning Committee: 26 February 2013
6.3.2 Haughton Conservation Area is situated close to the south western corner of the site and account therefore needs to be taken of the impact of the proposed development upon the setting of that Conservation Area. A conservation area setting assessment has been submitted with the application which has considered the relationship of the site to the Shifnal and Haughton Conservation Areas. This concludes that the proposed development would not impact upon the Shifnal and Shifnal Broadway Conservation Areas. With regard to the Haughton Conservation Area, it comments that the setting of the village is defined by its seclusion and that this has not been significantly affected by either development within or extending up to its boundaries, and that this would remain the case in regard to the position, scale and extent of the proposed development. There would be the potential for oblique views from the north of the Conservation Area towards the new development but this could be addressed in the landscaping scheme for the development. The assessment acknowledges that there could be increased traffic in the village which could be mitigated by traffic calming on Haughton Road. Observations made during the site visit concur with the conclusions of the assessment and the Council’s Historic Environment Team has raised no objections to the proposal. It is considered therefore that the principle of residential development on this land could not be resisted on the grounds of landscape impact or harm to the setting of the Haughton Conservation Area.
6.4 Drainage 6.4.1 Core Strategy policy CS18 relates to sustainable water management and seeks to ensure that surface water will be managed in a sustainable and coordinated way, with the aim to achieve a reduction in existing runoff rate and not to result in an increase in runoff. A Flood Risk Assessment and a Sewer Capacity Assessment have been submitted with the planning application. The former confirms that the proposed development Falls within flood zone 1. The objective of the sequential test in the NPPF and the associated Technical Guidance is to direct new development to the least flood-prone areas: This scheme would meet this objective and passes the sequential test. The Flood Risk Assessment also includes a surface water drainage strategy which would involve the discharge of surface water both into the ground via filtration and into the Wesley Brook. Sustainable urban drainage system features would be used facilitate the movement and storage of water within the site water than pipework. These features would provide pathways for water to permeate into the ground to make full use of the grounds infiltration capacity. It is anticipated that the storage of surface water will primarily be provided using a retention pond(s) or an infiltration basin. Swales and infiltration trenches would be suited to the conveyance of flows within the site while also facilitating infiltration wherever possible. Permeable paving would be used where possible and, if not appropriate in a particular area there would be filter strips used in conjunction with features such as swales. Filter trenches would be used for adoptable highways and there would be trapped gullies to intercept silts and other solid material, and trap oils and other substances prior to flows discharging into the filter drains. Interconnection between the elements of the surface water drainage system would enable capacity to be shared and large rainfall events managed with a minimal risk of flooding. The drainage strategy sets out the storage requirements based upon the indicative masterplan.
Contact: Stuart Thomas (01743) 252665
South Planning Committee: 26 February 2013
6.4.2 The Flood Risk Assessment and Surface Water Drainage Strategy have been studied by the Council’s Flood and Waste Water Management Team and they consider the outline drainage proposals to be acceptable in principle. The Environment Agency have deferred to the Council’s Drainage Team who are the Lead Local Flood Authority relevant to this case. The Sewer Capacity Assessment, commissioned from Severn Trent, concludes that capacity improvements are not required to accommodate flows from the proposed development and that there is sufficient capacity at the Shifnal Sewage Treatment Works to accommodate flows from the proposed development. Severn Trent Water have raided no objection subject to there being a planning condition requiring the submission of drainage plans for the disposal of surface water and foul sewage. . 6.4.3 The precise drainage details for the development will depend upon the site layout and design which would be the subject of a reserved matters application in the event of outline planning permission being granted. It is considered that sufficient information has been submitted at this outline stage to show that the site could be adequately drained without increasing the risk of flooding elsewhere or pollution of the water environment.
6.5 Highway Safety 6.5.1 Saved Local Plan policy D6 states that development will only be permitted where the local road network and access to the site is capable of safely accommodating the type and scale of traffic likely to be generated. In this particular case the local road network in the locality includes a section of the M54 and consequently the Highways Agency has been consulted on this application in addition to the Council’s Highways Development Control section.
6.5.2 The outline planning application has been submitted with a Transport Assessment based upon the site accommodating 400 dwellings, a 750sqm swimming pool facility and a GP surgery and a Travel Plan. The Transport Assessment concludes that the development site is well situated and offers alternative sustainable modes of travel, other than the private car, being within 200m of three bus stops and within 1000m of Shifnal Railway Station; there is good connectivity for pedestrians and cyclists to the surrounding area and facilities; that the proposed access design arrangements on Haughton Road (raised table surface priority junctions) and Newport Road (mini-roundabouts) would act as traffic calming features to help reduce traffic speeds in the vicinity of the site and along the local highway network and would be adequate to serve the proposed development; and that the traffic generated by the development would not have a material impact on the highway network.
6.5.3 The Highways Agency has issued a Direction to Shropshire Council that planning permission not be granted for this development for a period of 3 months from 7th January 2013 as they consider that the applicants have not provided satisfactory information to show that the operation of the M54 motorway would not be adversely affected by the proposal. The 3 month period is to allow the applicants time to gather the additional information requested and for this information to be assessed. At the time of writing this report the applicants have forwarded further information to the Highways Agency to address the matters raised. It is hoped to receive comments from the Highways Agency on this additional information in time for the Committee meeting. Should the Direction still be in place at the time the application
Contact: Stuart Thomas (01743) 252665
South Planning Committee: 26 February 2013
is considered by the Committee, any resolution to grant consent would have to be subject to the Highways Agency withdrawing the Direction and raising no objection to the proposal, with any conditions/measures they may require incorporated into the planning conditions or Section 106 Agreement as may be appropriate.
6.5.4 The Council’s Highways Development Control Team is content that the design of the proposed ‘T’ junction accesses off Haughton Road would be adequate to serve the development. The junction improvements on Haughton Road/Newport Road and the associated traffic calming and crossing works would be the subject of a section 278 Agreement under the Highways Act in which the details of these arrangements and junction layout design would be finalised. A planning condition would be needed on any approval issued to ensure that these off site highway works are completed in accordance with agreed details prior to the first occupation of dwellings on the site, in the interests of highway safety. The Highways Development Control Team consider however that the applicant has not satisfactorily addressed concerns in respect of traffic routing to and from the development via Haughton Road and Haughton Lane. At the time of writing this report further consideration is being given to the need for additional traffic calming measures on Haughton Road and Haughton Lane and the commitment by the applicant to fund these works. The recommendation for approval at the head of this report is therefore subject to satisfactory agreement being reached on these matters.
6.6 Residential Amenity 6.6.1 Core Strategy policy CS6 seeks to safeguard residential and local amenity. It would be at the reserved matters stage following any grant of outline planning permission, when details of the layout, scale and appearance of the development are available, that the impact of the proposed development upon the residential amenities of existing properties in the vicinity can be fully considered and to ensure that no undue harm would arise. The separation distances across Haughton Road which could be achieved, together with that from development which adjoins the south western corner of the site, would allow in principle for the adequate protection of neighbour amenity.
6.6.2 The proposed dwellings within the application site could be affected by the presence of the M54 immediately to the north of the application site. This issue has been addressed by the submission of a noise impact assessment and air quality assessment. The noise assessment concludes that the residential amenities of dwellings on the land would be adequately safeguarded by a number of measures. These include that there should be no dwellings within a 70m stand-off distance from the M54 and a 10m stand-off distance from the Newport Road on the northern and eastern boundaries respectively; that all dwellings should be fitted with double glazed window units with acoustic-grade trickle vents achieving at least 33dB attenuation, with the building fabric achieving an equivalent sound reduction. These matters could be conditioned on an outline consent. The noise assessment also makes recommendations on the internal layout of dwellings close to noise sources being arranged so that sensitive rooms do not have windows on facades facing the noise source and buildings arranged so that they form a barrier to the propagation of noise through the site and on the northern edge of the development area orientated so that their rear gardens are screened from the M54. These layout matters would be addressed at the reserved matters stage if outline planning permission is granted.
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South Planning Committee: 26 February 2013
6.6.3 The air quality assessment concludes that the 70m stand-off distance from the M54 boundary, proposed to ensure that the proposed development would experience acceptable noise levels, would be sufficient to ensure that all parts of the area proposed for residential development would experience good air quality conditions. The indicative location for the swimming pool building would also be outside of the approximately 20 metre band along the northern edge of the application site where the nitrogen oxide objective level in the National Air Quality Strategy is exceeded. Particulate concentrations across the whole of the site are below the objective level. It has examined also the impact of construction activities on air quality and concludes that this would be negligible. No specific air quality mitigation measures are considered to be necessary within the site, in addition to the stand –off distance, to safeguard the amenity of residential development within the site and none are required to control pollutant levels beyond the site boundary.
6.6.4 It is almost inevitable that building works anywhere will cause some disturbance to adjoining residents. This issue has been addressed elsewhere through SC Pollution Control recommending hours of working (07.30 to 18.00 hours Monday to Friday; 08.00 to 13.00 hours Saturdays and not on Sundays or Bank Holidays); to mitigate the temporary impact. This matter could be conditioned on any approval issued.
6.7 Ecology 6.7.1 Core Strategy policies CS6 and CS17 seek to ensure that developments do not have an adverse impact upon ecology. An Ecological Assessment has been submitted with the planning application. The Planning Ecologist has raised no objections to the proposal and is content that ecological interests can be safeguarded on any planning permission issued by conditions requiring the provision of bat boxes; artificial nests for small birds; nesting opportunities for swallows and informatives advising the developer of their legal obligations towards bats, nesting birds and badgers.
6.8 Archaeology 6.8.1 Core Strategy policies CS6 and CS17 seek to protect the historic environment, including areas of archaeological interest. An Archaeological Assessment has been submitted with the application. The Council’s Archaeology Team have confirmed that this investigation is satisfactory and that archaeological interests would be safeguarded by a planning condition requiring, before development commences, the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been approved in writing by the Local Planning Authority.
6.9 Open Space 6.9.1 A number of comments have been made about the layout of the public open space shown on the illustrative master plan. The precise form of the open space would be a matter for consideration at the reserved matters stage, should outline planning permission be given, and regard would be paid to the Council’s Open Space Interim Planning Guidance adopted in January 2012. The equipping of open spaces with formal play equipment would have to be through the use of Community Infrastructure (CIL) receipts.
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South Planning Committee: 26 February 2013
7.0 CONCLUSION 7.1 The proposed development on this safeguarded land would be contrary to current Development Plan policies relating to residential development and the restrictions placed on the land by saved Bridgnorth District Local Plan policy S4. However the Council has accepted with the publication on 1st February 2013 that Shropshire does not have the minimum 5 year land supply and buffer percentage to that figure required by the National Planning Policy Framework (NPPF). Consequently under paragraph 49 of the NPPF the policies relating to the supply of housing cannot be considered up-to-date and a refusal of this application solely on the grounds that it is contrary to Development Plan housing policy by being outside of the development boundary for Shifnal would be most unlikely to be sustained at appeal as the Council would not have followed NPPF guidance on this key principle. This site is deliverable within the immediate 5 year timescale and is in a sustainable location, immediately adjoining the built up area of Shifnal. The views of Shifnal Town Council are not opposed to the principle of residential development on this land and to more land being released for development than originally proposed in the SAMDev Preferred Option consultation.
7.2 The principle of residential development and the associated facilities in the application would achieve a mix of residential and employment and community uses sought by Core Strategy policy CS3. (This mix would be further enhanced if the current application for some office floorspace (ref 13/00273/OUT) within the current application site gains consent but, at the time of writing this report, an officer recommendation has not been concluded for that scheme).
7.3 Subject to highway issues in relation to the impact of the development upon the M54 being satisfactorily resolved with the Highways Agency and agreement on traffic calming measures, there are considered to be no other material considerations of sufficient weight to override the clear NPPF guidance, at paragraph 14, of a presumption in favour of sustainable housing development as exemplified by this scheme. The development of this land would not detract from the wider landscape setting of Shifnal,and would not detract from the setting of Haughton Conservation Area. Neighbour amenity would be safeguarded in the consideration of the reserved matters submission. There are no ecological or archaeological reasons that would justify a refusal of planning permission. It has been established that a development on this site can be satisfactorily drained and the scheme would deliver the amount of affordable housing required by Core Strategy policy. Detailed technical aspects of the scheme (apart from the access works affecting the public highway) would be fully assessed in relation to the development scheme submitted at the reserved matters stage.
8.0 Risk Assessment and Opportunities Appraisal
8.1 Risk Management
There are two principal risks associated with this recommendation as follows:
As with any planning decision the applicant has a right of appeal if they disagree with the decision and/or the imposition of conditions. Costs can be awarded irrespective of the mechanism for hearing the appeal, i.e. written representations, hearing or inquiry.
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The decision may be challenged by way of a Judicial Review by a third party. The courts become involved when there is a misinterpretation or misapplication of policy or some breach of the rules of procedure or the principles of natural justice. However their role is to review the way the authorities reach decisions, rather than to make a decision on the planning issues themselves, although they will interfere where the decision is so unreasonable as to be irrational or perverse. Therefore they are concerned with the legality of the decision, not its planning merits. A challenge by way of Judicial Review must be made a) promptly and b) in any event not later than three months after the grounds to make the claim first arose.
Both of these risks need to be balanced against the risk of not proceeding to determine the application. In this scenario there is also a right of appeal against non-determination for application for which costs can also be awarded.
8.2 Human Rights
Article 8 give the right to respect for private and family life and First Protocol Article 1 allows for the peaceful enjoyment of possessions. These have to be balanced against the rights and freedoms of others and the orderly development of the County in the interests of the Community.
First Protocol Article 1 requires that the desires of landowners must be balanced against the impact on residents.
This legislation has been taken into account in arriving at the above recommendation.
8.3 Equalities
The concern of planning law is to regulate the use of land in the interests of the public at large, rather than those of any particular group. Equality will be one of a number of ‘relevant considerations’ that need to be weighed in Planning Committee members’ minds under section 70(2) of the Town and Country Planning Act 1970.
9.0 Financial Implications
There are likely financial implications of the decision and/or imposition of conditions if challenged by a planning appeal or judicial review. The costs of defending any decision will be met by the authority and will vary dependant on the scale and nature of the proposal. Local financial considerations are capable of being taken into account when determining this planning application – in so far as they are material to the application. The weight given to this issue is a matter for the decision maker.
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10. Background
Relevant Planning Policies
Central Government Guidance: National Planning Policy Guidance Technical Guidance to the National Planning Policy Framework
West Midlands Regional Spatial Strategy Policies: RR2 The Rural Regeneration Zone CF2 Housing beyond the Major Urban Areas CF5 Delivering Affordable Housing and Mixed Communities QE3 Creating a High Quality Built Environment for All QE5 Protection and enhancement of the Historic Environment T3 Walking and Cycling
Shropshire Core Strategy and Saved Bridgnorth District Local Plan Policies: CS1 Strategic Approach CS3 The Market Towns and Other Key Centres CS6 Sustainable Design and Development Principles CS9 Infrastructure Contributions CS11 Type and Affordability of Housing CS17 Environmental Networks CS18 Sustainable Water Management S1 Development Boundaries S4 Safeguarded Land D6 Access and Car Parking H3 Residential Development in Main Settlements
SPD on the Type and Affordability of Housing Open Space Interim Planning Guidance
List of Background Papers Design and Access Statement Planning Statement Archaeological Assessment Baseline Ecological Summary Assessment Flood Risk and Drainage Assessment Landscape and Visual Appraisal Noise Assessment Air Quality Assessment Transport Assessment Framework Travel Plan Arboricultural Assessment Conservation Area Setting Assessment Statement of Community Involvement Cabinet Member (Portfolio Holder) Cllr M. Price Local Member Cllr Gordon Tonkinson Appendices APPENDIX 1 - Conditions
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South Planning Committee: 26 February 2013
APPENDIX 1
Conditions
STANDARD CONDITION(S)
1. Approval of the details of the siting, design and external appearance of the development, the means of access thereto (other than the junctions into the site off Haughton Road included in this outline application) and the landscaping of the site (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.
Reason: The application is an outline application under the provisions of Article 1(2) of the Town and Country Planning General Development (Procedure) Order 1995 and no particulars have been submitted with respect to the matters reserved in this permission.
2. Application for approval of reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.
Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act, 1990.
3. The development hereby permitted shall be begun 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.
Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act, 1990.
4. Nothing in this permission shall be construed as giving approval to the details shown on the plans accompanying this application, other than in respect of the access points direct off Haughton Road and the related highway works. (As such details indicated on the plans accompanying the application are for illustration purposes only).
Reason: To define the permission and to retain planning control over the details of the development.
5. No residential properties shall be constructed with 70 metres of the northern site boundary with the M54 or within 10 metres of the eastern site boundary with Newport Road.
Reason: To safeguard the residential amenities of the proposed dwellings.
6. The dwellings constructed on the site shall incorporate the noise reduction measures set out in the noise assessment report by JMP Consultants Limited in respect of land off Haughton Road, Shifnal (ref MID3190/001 issue 3) dated 5th November 2012 with respect to double glazed windows, acoustic grade trickle vents and the building fabric before each dwelling is first occupied.
Reason: To safeguard the residential amenities of the proposed dwellings.
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7. No development shall take place until a scheme of foul drainage, and surface water drainage has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed before the development is occupied.
Reason: To ensure satisfactory drainage of the site and to avoid flooding.
8. The development shall be carried out in accordance with a phasing plan, which shall be f first submitted to and approved in writing by the Local Planning Authority
Reason: To ensure a satisfactory development of the site.
9. The application(s) for reserved matters relating to the layout of the development shall specify the location of the proposed affordable housing units (Provision being in accordance with the associated Section 106 Agreement) to be provided on that part of the site covered by that application. No works shall commence on the part of the site covered by that particular application until the location of affordable housing within it has been approved in writing by the Local Planning Authority.
Reason: To ensure the provision of affordable housing, in accordance with Development Plan housing policy.
10. Before work commences on the development in accordance with the phasing plan approved as satisfying condition 8 above, the 'T' junction access and associated works on Haughton Road serving the respective phases of the development shall be completed in accordance with the details shown on the submitted drawings and in accordance with the Local Planning Authority's specification for the time being in force for estate road junctions.
Reason; To ensure the formation of a satisfactory estate road junction to serve as a means of access to the development, in the interests of highway safety.
11. Prior to the commencement of development full engineering details of the means of vehicular access(es) to the site from Haughton Road including layout, construction, drainage and visibility splays shall be submitted to and approved in writing by the Local Planning Authority; the means of vehicular access to the site shall be completed fully in accordance with the approved details and in accordance with the phasing plan approved as satisfying condition 8 above
Reason: To ensure satisfactory access construction and to provide a satisfactory measure of visibility from the main estate roads/accesses in both directions along the adjoining highway, in the interests of highway safety.
12. Notwithstanding the submitted details indicatively showing a double mini roundabout improvement at the junction of Haughton Road/Newport Road and prior to the commencement of development full engineering details of a highway improvement scheme at the junction of Haughton Road/Newport Road including pedestrian crossing provision shall be submitted to and approved in writing by the Local Highway Authority: The highway improvement scheme shall be implemented fully in accordance with the approved details and in accordance with the phasing plan approved as satisfying condition 8 above.
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Reason: In the interests of highway and pedestrian safety.
13. Notwithstanding the details contained in the submitted framework travel plan, a Travel Plan for the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of construction of the first residential dwelling. The approved Travel Plan shall be implemented within one month of the first occupation of any part of the residential development. The Travel Plan measures shall relate to the entirety of the development, and reflect the phasing of occupation as appropriate.
Reason: In order to minimise the use of the private car and promote the uses of sustainable modes of transport, in accordance with section 4 of the NPPF.
14. Demolition or construction works shall not take place outside the following times: - Monday to Friday 07:30hrs to 18:00hrs, - Saturday 08:00hrs to 13:00hrs, - Nor at any time on Sundays, bank or public holidays.
Reason: In the interest of the amenity of the occupants of surrounding of surrounding residential properties.
15. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials together with routing of vehicles to and from the site. iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction vii. a scheme for recycling/disposing of waste resulting from demolition and construction works
Reason: To avoid congestion in the surrounding area and to protect the amenities of the area.
16. Ten bat boxes suitable for nursery or summer roosting for small crevice dwelling bat species shall be erected on site in locations and in accordance with a programme to be approved in writing by the local planning authority. The bat boxes shall thereafter be retained for the lifetime of the development.
Reason: To ensure the provision of roosting opportunities for bats which are European Protected Species.
17. Prior to the erection of any external lighting on the site a lighting plan shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and thereafter retained for the
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lifetime of the development. The submitted scheme shall be designed to take into account the advice on lighting set out in the Bat Conservation Trust Booklet Bats and Lighting in the UK.
Reason: To minimise the disturbance to bats, a European Protected Species.
18. A total of 15 artificial nests for small birds such as robin, blackbird and sparrow and nesting opportunities for swallows shall be erected in locations and in accordance with a timetable to be agreed in writing with the local planning authority. The nests and works shall be retained for the lifetime of the development.
Reason: To ensure the provision of nesting opportunities for wild birds.
19. No development approved by this permission shall commence until a programme of archaeological work has been secured based on a specification (written scheme of investigation) submitted to and approved in writing by the Local Planning Authority. The programme of archaeological work shall thereafter be carried out in complete accordance with the approved specification.
Reason: The site is known to be in an area of archaeological interest.
20. A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved in writing by the local planning authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.
Reason: In the interests of the visual amenities of the area and to ensure the maintenance of open space areas in perpetuity.
Informatives
1. The land and premises referred to in this planning permission are the subject of an Agreement under Section 106 of the Town and Country Planning Act 1990.
2. Your attention is specifically drawn to the conditions above that require the Local Planning Authority's approval of materials, details, information, drawings etc. In accordance with Article 21 of the Town & Country Planning (Development Management Procedure) Order 2010 a fee is required to be paid to the Local Planning Authority for requests to discharge conditions. Requests are to be made on forms available from www.planningportal.gov.uk or from the Local Planning Authority. The fee required is £97 per request, and £28 for existing residential properties.
Failure to discharge pre-start conditions will result in a contravention of the terms of this permission; any commencement may be unlawful and the Local Planning Authority may consequently take enforcement action.
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3. All species of bats found in the UK are European Protected Species under the Habitats Directive 1992, the Conservation of Species and Habitats Regulations 2010 and the Wildlife and Countryside Act 1981(as amended). If a bat should be discovered on site at any point during the development then work must halt and Natural England should be contacted for advice.
4. The active nests of all wild birds are protected under the Wildlife and Countryside Act 1981 (As amended). An active nest is one being built, containing eggs or chicks, or on which fledged chicks are still dependent. All clearance, conversion and demolition work in association with the approved scheme shall be carried out outside of the bird nesting season which funs from March to September inclusive. If it is necessary for work to commence in the nesting season then a pre-commencement inspection of the vegetation and buildings for active birds nests should be carried out. If vegetation cannot be clearly seen to be clear of bird's nests then an experienced ecologist should be called in to carry out the check. Only if there are no active nests present should work be allowed to commence.
5. Where possible trenches on the site to which this consent relates should be excavated and closed in the same day to prevent any wildlife becoming trapped. If it is necessary to leave a trench open overnight than a means of escape should be provided in the form of a sloped board, plank or earth ramp. All open trenches should be inspected at the start of each working day to ensure no animal is trapped. Open pipework should be capped overnight to prevent wildlife taking refuge inside.
6. Badgers, the setts and the access to the sett are expressly protected from killing, injury, taking, disturbance of the sett, obstruction of the sett by the Protection of Badgers Act 1992.
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