CH/16/191 ITEM NO. 6.16 Land off Brownhills Road, Norton Canes, Cannock Residential Development: Proposed erection of 37 new affordable dwellings and associated works.(AMENDED PROPOSAL AND PLANS) 110 Objections and petition with 56 signatures received
ITEM NO. 6.17 Location Plan
ITEM NO. 6.18 Site Plan
ITEM NO. 6.19 Landscape Plan
ITEM NO. 6.20 Proposed Floor Plans (Type A)
ITEM NO. 6.21 Proposed Elevations (Type A)
ITEM NO. 6.22 Proposed Elevations (Type A1)
ITEM NO. 6.23 Proposed Floor Plans (Type B)
ITEM NO. 6.24 Proposed Elevations (Type B)
ITEM NO. 6.25 Proposed Floor Plans (Type C)
ITEM NO. 6.26 Proposed Elevations (Type C)
ITEM NO. 6.27 Proposed Elevations (Type D)
ITEM NO. 6.28 Proposed Floor Plans (Type D)
ITEM NO. 6.29 Proposed Floor Plans (Type E)
ITEM NO. 6.30 Proposed Elevations (Type E)
Proposed Street Scenes ITEM NO. 6.31
ITEM NO. 6.32 Proposed Street Scene 1
ITEM NO. 6.33 Proposed Street Scene 2
ITEM NO. 6.34 Proposed Street Scene 3
ITEM NO. 6.35 Proposed Street Scene 4
ITEM NO. 6.36
Application No: CH/16/191 Received: 26-May-2016
Location: Land off Brownhills Road, Norton Canes, Cannock Parish: Norton Canes Ward: Norton Canes Ward Description: Residential Development: Proposed erection of 37 new affordable dwellings and associated works.(AMENDED PROPOSAL AND PLANS)
Proposal not in accordance with Development Plan
Application Type: Full Planning Application Major
RECOMMENDATION
1. That the application be referred to the Government Office West Midlands, under the provisions of the Town and Country Planning (Consultation) (England) Direction 2009 – as “Green Belt development ” which – consists of or includes inappropriate development on land allocated as Green Belt in an adopted local plan, unitary development plan or development plan document and which consists of or includes-
(a) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more.
2. That in the event that the Secretary of State is minded not to “call in” the application the Applicants be requested to enter into an Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:
- Affordable Housing – A 100% affordable housing element; - A financial contribution (TBA) for Chasewater County Park towards path improvements to mitigate for visitor pressure arising from the development on the The Southern Staffordshire Coalfield Heaths Site of Special Site of Scientific Interest (SSSI). - A financial contribution to mitigate the impact o the proposed development on the Cannock Chase Special Area of Conservation (SAC) at a rate of £221 per dwelling for 80% of the proposed development (29 dwellings). - Education Contribution of £55,155 towards the provision of 5 primary school places.
Then grant planning permission subject to conditions / informatives set out in this report.
CONDITIONS/INFORMATIVES
1. B2 Standard Time Limit 2. D1 Materials - Details Required 3. Details Required for Finished Floor Levels 4. E1 Tree & Hedge Retention 5. E10 Landscape Details Required 6. E12 Landscape Implementation 7. E15 Landscape Maintenance 8. E16 Landscape Management 9. E17 Landscape Management Plan Implementation 10. E2 Tree & Hedge Protection Details 11. E3 Tree & Hedge Protection Implementation 12. E6 Arboricultural Work 13. E7 Arboricultural Work Implementation 14. I1 Enclosure Restriction 15. I2 Exclusion of Extensions ITEM NO. 6.37 16. K2 Site Investigation Required 17. No development shall take place until a detailed surface water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. The scheme must be based on the design parameters and proposed strategy set out in the Flood Risk Assessment (Ref: ELLUC-B-167-130516-FRA-F6, 31/11/2016). The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme to be submitted shall demonstrate:
• Surface water drainage system(s) designed in accordance with the Non-statutory technical standards for sustainable drainage systems (DEFRA, March 2015). • SuDS management train to provide adequate water quality treatment in accordance with the Simple Index Approach (CIRIA SuDS Manual). • Limiting the discharge rate generated by all rainfall events up to the 100 year plus 30% (for climate change) critical rain storm to 5.0l/s. • Detailed design (plans, network details and calculations) in support of any surface water drainage scheme, including details on any attenuation system, and the outfall arrangements. Calculations should demonstrate the performance of the designed system for a range of return periods and storm durations inclusive of the 1 in 1 year, 1 in 2 year, 1 in 30 year, 1 in 100 year and 1 in 100 year plus climate change return periods. • Plans illustrating flooded areas and flow paths in the event of exceedance of the drainage system. • Provision of an acceptable management and maintenance plan for surface water drainage to ensure continued performance of the system for the lifetime of the development. This should include a schedule of required maintenance activities and frequencies, and contact details for the organisation responsible for carrying out these duties. • Finished floor levels to be set at a minimum of 150mm above existing ground levels, and no less than 500mm above the top of bank of the adjacent watercourse.
Reason To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.
18. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (Ref: ELLUC-B-167-130516-FRA-F6, 31/11/2016) and the following mitigation measures detailed within the FRA: • Finished floor levels must be set no lower than 500mm above the top of bank level of the ordinary watercourse to the west of the site • No buildings to be constructed within 4m of the top of bank of the ordinary watercourse to the west of the site
Reason To reduce the risk of flooding to the proposed development and future occupants, and to allow access for maintenance of the ordinary watercourse.
19. The development hereby permitted should not commence until drainage plans for the disposal of foul and surface water flows 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. This is 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.
Reason ITEM NO. 6.38
To ensure adequate drainage of the application site in the interests of proper planning. 20. Construction Environmental Management Plan 21. The development hereby permitted shall not be brought into use until the access, parking and turning areas have been provided in accordance with Drawing No. 1601-P-03 Revision G shall thereafter be retained for the life of the development.
Reason In the interests of Highway Safety 22. The development hereby permitted shall not be brought into use until the visibility splays shown on Drawing No. 1601-P-03 Revision G have been provided. The visibility splays shall thereafter be kept free of all obstructions to visibility over a height of 600 mm above the adjacent carriageway level.
Reason In the Interests of Highway Safety 23. No development shall take place including any works of demolition, until a Highways 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 :
• A site compound with associated temporary buildings • The parking of vehicles of site operatives and visitors • Times of deliveries including details of loading and unloading of plant and materials • Storage of plant and materials used in constructing the development • Duration of works • Wheel wash facilities • Appropriate routing agreement using the most appropriate access route
Reason In the interests of Highway Safety. In the Interests of Highway Safety 24. Ecological Mitigation Plan 25. K2 Site Investigation Required 26. Approved Plans
NOTES FOR APPLICANT
Severn Trent Water
1. We do advise that there may be a public sewer located within the application site and encourage the applicant to investigate this. Please note that public sewers have statutory protection and may no0t be built close to, directly over or be diverted without consent. If there are sewers which will come into close proximity of the works, the applicant is advised to contact Severn Trent Water to discuss the proposals and we will seek to assist with obtaining a solution which protects both the public sewer and the building.
2. Please note, when submitting a Building Regulations application, the Building Control Officer is required to check the sewer maps supplied by Severn Trent and advise them of any proposals located over or within 3 metres of a public sewer. In many cases under the provisions of Building Regulations 2000 part H4, Severn Trent can direct the Building Control Officer to refuse building regulations approval.
3. The works required through the highways conditions would require approval under Section 7 ITEM NO. 6.39 of the Staffordshire Act 1983 and will require a Section 38 of the Highways Act 1980. Please contact Staffordshire County Council to ensure that approvals and agreements are secured before commencement of works.
Reason for Committee Decision – Proposal contrary to local and national planning policy, significant local objections, Parish Council objection and objectors request to speak at Planning Control Committee.
EXTERNAL CONSULTATIONS
Natural England – Have advised in respect of:
- Cannock Chase Special Area of Conservation (SAC) – no objection; - Cannock Extension Canal Special Area of Conservation (SAC) – no objection; - Sites of Special Scientific Interest (SSSI) Chasewater and the Southern Staffordshire Coalfields Heaths SSSI -no objection subject to conditions; - Protected Species – have referred to standing advice in considering impact on - ‘Protected Species’ - Biodiversity enhancements – support opportunities for biodiversity enhancements in new developments.
Norton Canes Parish Council – Objection for the reasons set out below:
“1. The area is still categorised as green belt land. 2. We feel there will still be problems with flooding and water drainage. 3. Primary school places are very limited and would encourage children to go out of Norton Canes for example to Brownhills, Chase Terrace and Burntwood. After checking with local schools we find that the places for additional children coming into the area is very low. 4. The Parish Council request that mature trees are not taken down but trimmed as this provides a screen for the development. Also consideration should be given to infill gaps in between trees. 5. The area is still overdeveloped even though the developer has decreased from 39 to 37. 6. We consider the soil that is being used to build is contaminated. Can this be explored. 7. No answer has been given to the report from Peter Scholes reference the environment/wildlife. 8. Could we have an updated highways opinion because a concern is shown to the main entrance as there appears to be a house with its own entrance on to Brownhills Road. Can this be clarified.”
The Parish Council has also requested that the application be determined by Planning Control Committee and suggest that it requires both a site visit and also Highways to attend the site visit to discuss their objection lodged. The Parish Council are concerned about the separate singular entrance off Brownhills Road.
Staffordshire County Council (Education) –
Advise that the proposed development will increase demand for 5 primary school places within the vicinity of the application site and therefore require a financial contribution of £55.155.
ITEM NO. 6.40 Staffordshire County Council (Highways) -
Based on the most recent layout have advised that they have no objections, subject to conditions in respect of the provision of access, parking, turning areas and visibility splays in accordance with submitted drawings. They have also requested a Highways Construction Method Statement.
In addition, the Highways Officer has noted that levels for parking within the development are inconsistent; with 9 dwellings only having 1 space per dwelling, whilst other similar dwellings have two spaces. They suggest that all two bed 68 sqm dwellings should have 2 no. parking spaces as the site, which is not in a sustainable location and is some walking distance from local amenities.
Staffordshire County Council (Local Lead Flood Authority) – No objection
“The Flood Risk Assessment (Ref: ELLUC-B-167-130516-FRA-F6, 31/11/2016) concludes that an acceptable drainage design can be achieved within the proposed development, and with an appropriate offset from the watercourse and raised finished floor levels the residual flood risk to the site will be low.
The detailed drainage design should be in accordance with the drainage strategy and design parameters established in the submitted documents. Some additional work will be required at the detailed design stage prior to final approval. We would therefore recommend that the conditions below should be attached to any planning permission.
We ask to be consulted on the details submitted for approval to your Authority to discharge this condition and on any subsequent amendments/alterations. Please also consult us again on any future major changes to the proposed development or drainage scheme.
Staffordshire County Council Flood Risk Management position: The proposed development will only be acceptable if the following measures as detailed in the Flood Risk Assessment submitted with this application are implemented and secured by way of a planning condition on any planning permission.”
Staffordshire County Council (Minerals Planning Officer) - No objection.
Severn Trent Water - No objection, subject to conditions in respect of drainage.
INTERNAL COMMENTS
Council Ecologist – Has advised that the amended layout is an improvement upon the original plan from an ecological perspective but the development will still have a negative ecological impact. Should it be minded to approve the application further mitigation measures need to be incorporated into the development to offset the impact to the minimum that can reasonably be achieved given the current proposals. Further advises that each dwelling should have a bird or bat box incorporated into the fabric of the building and that this should be secured by way of a condition.
Environmental Health and Public Protection – No objection subject to conditions in respect of:
- Details of proposed protection measures against ground contamination; - Contingency measures to deal with any unforeseen hot spots of contamination uncovered as the development proceeds; - Restriction on construction working hours: 8am to 6pm weekdays and 8am to 1pm Saturdays only.
ITEM NO. 6.41 Housing Strategy Officer – There is a net annual need for 197 affordable homes per annum in Cannock Chase. Strategic Housing support the development of the site for affordable homes for rent. There is a mix of 1, 2 and 3 bed accommodation proposed which will help a range of people to access the appropriate housing to suit their needs.
Landscaping – No objection to the principle of development. However, have objected to the proposal as follows:
- Outstanding/amended details required as noted ; - Contrary to approved masterplan; - Whilst there is no objection to residential development of the site as per outline consent, an objection is made to the submitted proposals for the following reasons; - Limited/very poor connectivity to adjacent areas; - Inward looking and relatively isolated development; - Proposals contrary to Policy CP3, CP5, and does not support principles of sustainable transport/development CP10.
RESPONSES TO PUBLICITY Site notices were displayed outside the application site and an advert posted in the local press. Adjacent occupiers were also notified by letter and a summary of the representations received is set out below:
Original application and first amendment (39 dwellings) 78 Neighbour representations were received objecting to the proposal for the reasons summarised below:
- Proposal represents inappropriate development in the Green Belt; - Layout and density of proposed development not in keeping with the Taylor Wimpey (TW) - In Strategic Housing Land Assessment 2016 identified for 15-20 dwelling per hectare (dph); - Impact on amenity of neighbour in terms of outlook, privacy, overshadowing, loss of views, and litter; - Proposed single tenure (rented) appears to be against the national and strategic housing aims to secure mixed tenure developments; - Intrusive form of development; - Proposed development would be too close to existing dwellings and not in keeping with the spacious character of the adjacent Taylor Wimpey (TW) site; - The proposed layout and design of proposed dwellings are not in keeping with the existing TW development; - Insufficient garden/amenity areas for new residents; - Adverse impact on the amenity of neighbours as a consequence of associated construction works including noise, dust and dirt; - Development of site and removal of existing trees would impact on local wildlife; neighbours state that birds nest in the existing trees, foxes and deer use the application site, which is also populated by newts; - Development of site and removal of existing trees would impact on drainage and result in the loss of a mature buffer, which provides screening and noise attenuation; - The TW site includes ‘affordable housing’. Therefore further affordable housing is inappropriate at the development site; - Impact of proposed development on existing services i.e. schools, medical institutions as well as overloading local police, ambulance and fire services; - Devaluation of existing properties; - Concern that some residents have not yet moved in on the TW development and therefore would be disadvantaged by not having a say on the proposed development; - Proposal would result in additional use of existing play area; - Play area segregated from TW development; - No consultation with new neighbours; - Existing semi-rural area has been urbanised by existing and proposed new developments; ITEM NO. 6.42 - One neighbour has complained that the proposal would affect their mental health as they would be unable to meditate in their garden due to close proximity of proposed dwellings; - Additional vehicles using the highway would increase the risks of Road Traffic Accidents (RTA’s); - Concern that the application site, which is in Norton Canes would cater for affordable housing needs in Walsall and that there is sufficient land for housing in Walsall; - Insufficient parking for proposed development would result in overspill parking to the detriment of highway safety; - Concern over site being contaminated with asbestos; - Taylor Wimpey development provides adequate social housing; - Taylor Wimpey advised residents that they would purchase the application site to deliver 15-20 dwellings; - Concerns over anti-social behaviour based on proposed dwellings being ‘affordable housing’; - If development is allowed it would set a precedent; - Application site should be used for recreational use; - Additional use of play area would result in noise and disturbance; - Lack of sustainable drainage; - Open space / park area being sold for development; - Confirmation of remediation required; - Concern over proposed access on to Brownhills Road; - Flood Risk Assessment based on 18 dwellings; - Proposed development is not in keeping with the character of the wider existing development because it introduces apartments and terraces; - The layout results in alleyways to provide access to the rear of proposed terraces; this has been highlighted as poor design, which raise security concerns; - Legal issues about TW not making residents aware of proposed scheme; - Inadequate bin storage and collection facilities.
In addition, a petition was received signed by 56 signatories objecting to the proposal.
Amended proposal (37 Dwellings)
40 further letters of objection have been received in relation to the amended scheme. A summary of the issues raised is set out below:
- Density of proposed development is too high and does not reflect the density set out for the site as identified in the Local Plan; - The number of 1 bedroom flats within the scheme have been increased; these are neither in keeping with the area or required; - Development introduces alleyways, which is as a consequence of a cramped layout and would encourage crime/anti-social behaviour; - Highways concerns based on comments from Staffordshire County Council Highways; - Impact on existing local facilities/services i.e. schools, health and emergency services; - Inadequate lighting for proposed development, which would encourage crime and anti-social behaviour; - Protected species i.e. Newts on application site; - Anti-social behaviour and activities associated with some future residents; - Loss of privacy and buffer as a result of coppicing trees/hedges along the southern boundary of the site; - Lack of appropriate drainage; - Insufficient turning space for refuse vehicles; - Existing problems with the flooding of Brownhills Road would be exacerbated; - Proposed footpath link from proposed development to Public Open Space (POS)/Play Area would result in a desire line from Ash Close, which could also encourage damage to fencing/hedge and anti-social behaviour; - Proposal represents inappropriate development in the Green Belt; - Layout and density of proposed development not in keeping with the Taylor Wimpey (TW) - In Strategic Housing Land Assessment 2016 identified for 15-20 dwelling per hectare (dph); ITEM NO. 6.43 - Impact on amenity of neighbour in terms of outlook, privacy, overshadowing, loss of views, and litter; - Proposed single tenure (rented) appears to be against the national and strategic housing aims to secure mixed tenure developments; - Intrusive form of development; - Proposed development would be too close to existing dwellings and not in keeping with the spacious character of the adjacent Taylor Wimpey (TW) site; - The proposed layout and design of proposed dwellings are not in keeping with the existing TW development; - Insufficient garden/amenity areas for new residents; - Adverse impact on the amenity of neighbours as a consequence of associated construction works including noise, dust and dirt; - Development of site and removal of existing trees would impact on local wildlife; neighbours state that birds nest in the existing trees, foxes and deer use the application site, which is also populated by newts; - Development of site and removal of existing trees would impact on drainage and result in the loss of a mature buffer, which provides screening and noise attenuation; - The TW site includes ‘affordable housing’. Therefore further affordable housing is inappropriate at the development site; - Impact of proposed development on existing services i.e. schools, medical institutions as well as overloading local police, ambulance and fire services; - Devaluation of existing properties; - Concern that some residents have not yet moved in on the TW development and therefore would be disadvantaged by not having a say on the proposed development; - Proposal would result in additional use of existing play area; - Play area segregated from TW development; - No consultation with new neighbours; - Existing semi-rural area has been urbanised by existing and proposed new developments; - One neighbour has complained that the proposal would affect their mental health as they would be unable to meditate in their garden due to close proximity of proposed dwellings; - Additional vehicles using the highway would increase the risks of Road Traffic Accidents (RTA’s); - Concern that the application site, which is in Norton Canes would cater for affordable housing needs in Walsall and that there is sufficient land for housing in Walsall; - Insufficient parking for proposed development would result in overspill parking to the detriment of highway safety; - Concern over site being contaminated with asbestos; - Taylor Wimpey development provides adequate social housing; - Taylor Wimpey advised residents that they would purchase the application site to deliver 15-20 dwellings; - Concerns over anti-social behaviour based on proposed dwellings being ‘affordable housing’; - If development is allowed it would set a precedent; - Application site should be used for recreational use; - Additional use of play area would result in noise and disturbance; - Lack of sustainable drainage; - Open space / park area being sold for development; - Confirmation of remediation required; - Concern over proposed access on to Brownhills Road; - Flood Risk Assessment based on 18 dwellings; - Proposed development is not in keeping with the character of the wider existing development because it introduces apartments and terraces; - The layout results in alleyways to provide access to the rear of proposed terraces; this has been highlighted as poor design, which raise security concerns; - Legal issues about TW not making residents aware of proposed scheme; - Inadequate bin storage and collection facilities.
ITEM NO. 6.44
PLANNING POLICY
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise.
The Development Plan currently comprises the Cannock Chase Local Plan (Part 1) (2014). This was adopted June 2014.
Other material considerations relevant to assessing current planning applications include the National Planning Policy Framework (NPPF), National Planning Policy Guidance (NPPG) and Supplementary Planning Guidance/Documents.
Cannock Chase Local Plan (2014) CP1 - Strategy – the Strategic Approach The overall strategy is to direct housing and employment development to urban areas in proportion to population sizes at the start of the plan period and protect the Cannock Chase AONB and other green infrastructure. For housing, the Local Plan strategy will sit within the wider strategy for south-east Staffordshire which aims to meet a minimum housing requirement for this area focusing housing delivery on settlements. CP2 - Developer contributions for Infrastructure Contributions will be sought from all development to ensure provision of the infrastructure needed to support the level of development required over the plan period. This will be primarily through a Community Infrastructure Levy to be detailed in a Charging Schedule or via Section 106 planning obligations. CP3 - Chase Shaping – Design High quality design will be a requirement of all development. Particular facets of good design will include response to climate change challenges, providing access for all and designing out crime. Greater emphasis on identity of place will be guided via a Design Guide SPD and development briefs will be drawn up for urban extensions and Cannock and Norton Canes centres. Management Plans for Conservation Areas will be produced as SPD. The policy also seeks to safeguard the amenity of neighbours. CP5 – Social Inclusion and Healthy Living States that the council will work with public, private and other third sector partners to ensure that appropriate levels of infrastructure are provided to support social inclusion and healthy living in the district. This includes health, education and open space sports and recreation infrastructure amongst others. These would be delivered via a combination of Community Infrastructure Levy monies, as well as on and off site direct provision (via Section 106 agreements and good urban design).
CP6 - Housing Land The plan provides for 5,300 new houses within the District between 2006 and 2028. 1,625 new houses were completed in the first six years. 2,350 new houses will be provided in the urban areas of the District, 66% in Cannock, Hednesford and Heath Hayes, 29% in Rugeley and Brereton and 5% in Norton Canes (identified via the Strategic Housing Land Availability Assessment 2012).
4. Urban Extension south of Norton Canes on land identified for up to 670 houses including land off Butts Lane/Walsall road for a mixed develop ent including upto 450 houses and 2ha of employment land (with planning approval) land off Walsall Road and land at the former Greyhound Stadium phased over the plan period (identified on the keydiagram). CP7 - Housing Choice Delivery of affordable housing is prioritised by the Council for the District. Both the Cannock and Rugeley housing markets also need to be balanced by building more smaller dwellings suitable for younger people as well as larger 3 and 4 bedroom homes. ITEM NO. 6.45 20% affordable housing being provided on developments of 15 or more units. CP10 - Sustainable Transport Improving bus services, continuing the Chase rail line improvements and improved walking and cycling opportunity are all identified as key areas in support of sustainable transport solutions. CP12 - Biodiversity and Geodiversity The safeguarding of sites and species according to their international, national and local status and the protection, conservation and enhancement of habitats are fundamental requirements alongside development ensuring any adverse impacts are mitigated. CP13 - Cannock Chase Special Area of Conservation (SAC) Protection of all internationally important habitats and species, in particular the Cannock Chase SAC, is informed by the findings of a Habitats Regulations Assessment. As a result, all housing development will be required to provide appropriate mitigation measures, potentially including provision of Suitable Alternative Natural Green Space (SANGS). CP16 - Climate Change and Sustainable Resource Use In order to help address the challenges presented by climate change positive consideration will be given to development proposals that perform well in relation to accessibility of services and transport networks, that utilise land assets sustainably and which contribute to renewable and low carbon energy generation in the District. The highest-risk flood areas will largely be safeguarded and positive consideration will be given to appropriate large-scale renewable energy, minerals extraction, recycling and waste reduction development proposals.
Supplementary Planning Document (SPD) Parking Standards, Travel Plans & Developer Contributions for Sustainable Transport (2005). This document sets out the maximum number of parking spaces required for new development. Specifically it requires communal parking for flats to be 1.5 spaces per dwelling and 2 spaces per dwelling for two and three bed dwellings.
Developer Contributions and Housing Choices Supplementary Planning Document (2015) This document sets out Cannock Chase District Council’s approach to securing development contributions for new developments that require planning permission.
Design - Supplementary Planning Document (2016) Seeks to secure high quality design in new proposed developments. Also, sets out space standards for new development in relation to existing development to safeguard amenity.
National Planning Policy Framework (NPPF)
The National Planning Policy Framework (NPPF) Sets out the Government’s planning policies for England and how these are expected to be applied.
Para 14: At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan- making and decision-taking.
For decision-taking this means: - approving development proposals that accord with the Development Plan without delay;
Para 17: Within the overarching roles that the planning system ought to play, a set of core land- use planning principles should underpin both plan-making and decision-taking.
Those 12 principles include:
- proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs. Every effort should be made objectively to identify and then meet the housing, business and other development needs of an area, and respond positively to wider opportunities for growth. Plans ITEM NO. 6.46 should take account of market signals, such as land prices and housing affordability, and set out a clear strategy for allocating sufficient land which is suitable for development in their area, taking account of the needs of the residential and business communities;
- always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings;
- take account of the different roles and character of different areas, promoting the vitality of our main urban areas, protecting the Green Belts around them, recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it;
- contribute to conserving and enhancing the natural environment and reducing pollution. Allocations of land for development should prefer land of lesser environmental value, where consistent with other policies in this Framework;
- actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable;
Para 30: states that: Encouragement should be given to solutions which support reductions in greenhouse gas emissions and reduce congestion Para 35: states Developments should be located and designed where practical to:- - accommodate the efficient delivery of goods and supplies; - give priority to pedestrian and cycle movements, and have access to high quality public transport facilities;- create safe and secure layouts which minimise conflicts between traffic and cyclists or pedestrians, avoiding street clutter and where appropriate establishing home zones; - incorporate facilities for charging plug-in and other ultra-low emission vehicles; and - consider the needs of people with disabilities by all modes of transport. Para 47: To boost significantly the supply of housing, local planning authorities should: - use their evidence base to ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing in the housing market area, as far as is consistent with the policies set out in this Framework, including identifying key sites which are critical to the delivery of the housing strategy over the plan period;
- 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% (moved 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;
- identify a supply of specific, developable sites or broad locations for growth, for years 6-10 and, where possible, for years 11-15;
-for market and affordable housing, illustrate the expected rate of housing delivery through a housing trajectory for the plan period and set out a housing implementation strategy for the full range of housing describing how they will maintain delivery of a five-year supply of housing land to meet their housing target; and set out their own approach to housing density to reflect local circumstances.
Para 49. 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 ITEM NO. 6.47 housing sites.
Para 50. To deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should: - plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community (such as, but not limited to, families with children, older people, people with disabilities, service families and people wishing to build their own homes);
Para. 56. The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people.
Para 69 . The planning system can play an important role in facilitating social interaction and creating healthy, inclusive communities……. Planning policies and decisions, in turn, should aim to achieve places which promote:
- safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and - safe and accessible developments, containing clear and legible pedestrian routes, and high quality public space, which encourage the active and continual use of public areas.
Para 79. The Government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts and their, openness and their permanence.
Para 80. Green Belt serves five purposes: - to check the unrestricted sprawl of large built-up areas; - to prevent neighbouring towns merging into one another; - to assist in safeguarding the countryside from encroachment; - to preserve the setting and special character of historic towns; and - to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.
Para 87. As with previous Green Belt policy, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.
Para 88. When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.
Para 89. A local planning authority should regard the construction of new buildings as inappropriate in Green Belt. Exceptions to this are: - buildings for agriculture and forestry; - provision of appropriate facilities for outdoor sport, outdoor recreation and for cemeteries, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it; - the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building; -the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces; - limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan; or - limited infilling or the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development.
ITEM NO. 6.48 Para 109. The planning system should contribute to and enhance the natural and local environment by: - protecting and enhancing valued landscapes, geological conservation interests and soils; - recognising the wider benefits of ecosystem services; - minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures; - preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability; and - remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.
Para 118. When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles: - if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused; - proposed development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific Interest (either individually or in combination with other developments) should not normally be permitted. Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest; - development proposals where the primary objective is to conserve or enhance biodiversity should be permitted; - opportunities to incorporate biodiversity in and around developments should be encouraged; - planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss; and - the following wildlife sites should be given the same protection as European sites: - potential Special Protection Areas and possible Special Areas of Conservation; - listed or proposed Ramsar sites;26 and - sites identified, or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites.
Para 120. Seeks to prevent unacceptable risks from pollution and land stability. Para 123. Aims to mitigate and minimise adverse impacts on health and quality of life from noise.
ITEM NO. 6.49
National Planning Practice Guidance (NPPG)
National Planning Practice Guidance was published on the 6th March, 2014, which formally revoked more than 150 planning guidance documents with a web-based resource.
1.0 SITE AND SURROUNDING AREA
1.1 The application site comprises a broadly rectangular shaped site with an area of approximately 0.76 hectares. The site is located adjacent to the south-eastern residential edge of Norton Canes. The site is located off western side of Brownhills Road and has a frontage measuring approx. 60m. The site is part bound by the Chasewater Grange development of 130 dwellings, which is under construction at present. To the west and south are new dwellings and to the north of the application site is open space and play areas approved as part of the Chasewater Grange development. Between the western boundary of the application site and development at Chasewater Grange is an existing ditch. The eastern boundary of the site is contiguous with Brownhills Road and on the other side of the carriageway are fields.
1.2 The site comprises a relatively level field, which is in part bound by mature hedgerows and trees along the southern and western boundaries of the site.
1.3 The majority of the site comprises semi-improved grassland, which has previously been horse- grazed. There is a strip of bare ground with imported soil near to the road edge.
1.4 The application site is s part of a larger site identified for housing in the Cannock Chase Core Strategy – Policy CP6 as an Urban Extension south of Norton Canes. The application site is located within the area identified for the Norton Canes Urban Extension on the key diagram to the Core Strategy. Policy CP6 indicates the provision of up to 670 homes to the south of Norton Canes.
1.5 The site is well located in relation to Norton Canes and its shops and services. The site is accessible by public transport and would benefit from improved pedestrian / cycle links to Norton Canes. As such, it is concluded that the site is in a sustainable location.
1.6 The site is greenfield land, which is entirely within the Green Belt.
2.0 PLANNING HISTORY
CH/14/0126: Reserved Matters including appearance, layout, landscaping and scale for 130 dwellings as approved under CH/12/0078. Approved subject to conditions 3 rd October 2014.
CH/14/0006: Installation of surface water drain associated with planning application CH/12/0078 for 130 Dwellings. Approved 18 th February 2014.
CH/12/0078: Residential Development – up to 130 dwellings (outline including access). Approved following completion of S106 and subject to conditions 7 th March 2014.
CH/10/0434: Residential Development – up to 130 dwellings (outline including access). Withdrawn. 26 th July 2011.
3.0 THE PROPOSAL
3.1 Full planning permission is sought for the erection of 37 dwellings comprising of 12 no. 1 ITEM NO. 6.50 bed flats, 18 no. 2 bed houses and 7 no. 3 bed houses, with associated gardens/amenity spaces, car parking, landscaping and access. The scheme had originally proposed 39 dwellings. However, as a result of concerns raised by neighbours, consultees and officers the applicant has amended the scheme to provide 37 dwellings.
3.3 The proposed houses are arranged as pairs of semi’s or terraces of 3 and 4. The flats would be two storey and comprise two blocks, a block of 8 flats and a separate block of 4 flats.
3.4 In terms of layout the development includes dwellings fronting Brownhills Road either side of the access road, the main spine road into the development and the existing Public Open Space/play area. The houses are generally arranged in short terraces or pairs of semi’s and the flats are proposed in two separate blocks one overlooking the Public Open Space/Play Area and the other to the rear of the site. All proposed houses would have private rear garden areas and the flats would have communal gardens.
3.5 The dwellings are of traditional form and would be constructed from red and buff brick including brick detailing, with concrete tiles, white UPVC windows and black rainwater goods are proposed.
3.6 A range of boundary treatments are proposed within the development, which include hedges, railings, walls and close board fencing.
3.7 Some existing green infrastructure is being retained in the form of a hedge/tree line along the southern boundary of the site. Some additional planting is proposed including a landscaping strip between the application site and the Public Open Space/Play Area.
3.8 All of the dwellings are to be for affordable housing, which would be managed by Walsall Housing Group in its capacity as Social Registered Landlord. Initially, the dwellings would be prioritised for residents of Cannock.
3.9 The site would be accessed by means of a new access road to be formed at the centre of the site from Brownhills Road.
3.10 Although the applicant’s drawing states ‘60 Parking spaces’ A total of 62 parking spaces are shown. The 3 bed dwellings have 2 spaces each (14). Of the 18 two bed dwellings nine have 1 space per dwelling and 3 visitor spaces (12). The other 9 two bed dwellings have 2 spaces per dwelling (18).
3.11 The twelve flats would have 12 allocated spaces and 6 visitor spaces (18).
3.12 The application is supported by the following documents: Green Belt Statement; Design and Access Statement; Phase 1 Habitat Survey; Flood Risk Assessment; Arboricultural Report; Phase 1 Site Investigation Report; Transport Appraisal.
4.0 DETERMINING ISSUES
4.1 Development within the Green Belt
4.2 The main considerations are:
- whether it would be inappropriate development within the Green Belt for the purposes of the ITEM NO. 6.51 National Planning Policy Framework (NPPF) and development plan policy;
- the effect of the proposed development on the openness of the Green Belt and the purposes of including land within it;
- the effect of the proposed development on the character and appearance of the area; and
- if the proposed development would represent inappropriate development, whether the harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development.
4.3 Local Plan Policy CP1 states that: Development proposals at locations within the Green Belt will be assessed against the NPPF and Local Plan Policy CP14. Policy CP14, states that Development proposals including those for appropriate development within the Green Belt, and land management practices within the AONB and on its fringes including the Hednesford Hills must be sensitive to the distinctive landscape character and ensure that they do not have an adverse impact upon their setting through design, layout or intensity. This policy also refers to the Design SPD, which provides general design advice.
4.4 The NPPF sets a general presumption against inappropriate development in the Green Belt. Such development should not be approved, except in very special circumstances because inappropriate development is by definition harmful to the Green Belt. Paragraph 89 of NPPF states that the construction of new buildings, inside the Green Belt is inappropriate unless it is for one of the purposes listed thereafter. Housing does not feature in that list. As such, the proposed development is inappropriate development in the Green Belt. Therefore, the proposal conflicts with the NPPF and the Cannock Chase Local Plan.
4.5 There would inevitably be some loss of openness to this Green Belt location arising from the scheme. However, it should be noted that the site is part surrounded by existing development and therefore the degree of openness around the site is already significantly compromised. As such although a development of this size would normally result in substantial harm to openness, in this case due to the part enclosed nature of the site by new development it is concluded that in this instance only limited to moderate weight should be attributed to the harm to the openness of the Green Belt
4.6 Officers have also considered the extent to which this site performs against the purposes of including land within Green Belts, as set out in paragraph 80 of the NPPF:
• to check the unrestricted sprawl of large built-up areas - The site is surrounded by a built up area therefore does not fulfil this function; • to prevent neighbouring towns merging into one another – The site does not lie amongst towns and therefore does not fulfil this function; • to assist in safeguarding the countryside from encroachment – The site comprises an isolated field and therefore does not assist with this function; • to preserve the setting and special character of historic towns – The site does not relate to a historic town; • to assist in urban regeneration, by encouraging the recycling of derelict and other urban land – The site is already identified as part of an ‘Urban Extension’ to provide a total of 670 dwellings.
4.7 Having regard to the above purposes of Green Belt, officers conclude that overall the site does not perform strongly against the purposes of including land in the Green Belt.
4.8 In terms of impact on the character and appearance of the area; it is noted that the construction of the M6 Toll Road and associated Motorway Services have changed the nearby character of this part of the Green Belt. Also, approval has been given for residential development (130 dwellings, which is under construction). As such, given that the surrounding area has become more urban over recent decades, Officers are of the opinion that development of ITEM NO. 6.52 the application site would have no significant impact on the character and appearance of the site having regard to the wider context.
4.9 As the development constitutes inappropriate development within the Green Belt. Accordingly, the applicant has submitted a number of ‘very special circumstances’, these are set out below:
1. As is evident from paragraph 1.5 of the Planning Officer’s Report to application CH/14/0126 ), the application site comprises “the small area of land between the two eastern portions of the site” which did not form part of the application site for the outline planning application CH/12/0078 “but was included in the Master Plan and forms part of the site referred to as “land south east of Norton Canes” in the Core Strategy”. [Policy CP6]
2. The application site was part of a larger site identified for housing in the Cannock Chase Core Strategy – Policy CP6 as an Urban Extension south of Norton Canes. The application site is located within the area identified for the Norton Canes Urban Extension on the key diagram to the Core Strategy. Policy CP6 indicates the provision of up to 670 homes to the south of Norton Canes.
3. As part of the background evidence for the Core Strategy, Cannock Chase Council undertook a review of Green Belt Boundaries in Cannock Chase District. The findings were published in May 2010. This document recommended that the land south east of Norton Canes, including the application site and that presently being developed for up to 130 houses “no longer performs the function of Green Belt” and should be removed from the Green Belt.
4. At the time that the Core Strategy was produced, the Strategic Housing Land Availability Assessment of 2008 indicated that the application site was within a deliverable site.
5. The principle of residential development, having regard to the very special circumstances above, has been established by the Planning Authority through the grant of outline planning permission for the residential development of up to 130 dwellings on the land that contains the application site to the north, south and west (reference CH/12/0078). It is evident from the Planning Officer’s Report in respect of application CH/12/0078 (Appendix 1) that they anticipated that the current application site would be developed for housing since, at paragraph 1.22 of that Report, it states “...... Some justification also exists for the proposed development along the Greenfield site, which is north of the previously developed land, which does not form part of the application site, but, is included in the master plan and some of the development, which is on the western portion of the site adjacent to Red Lion Lane. This is because if the former greyhound stadium is developed in isolation it would be severed from Norton Canes by intervening Greenfield land and therefore would not function as an effective “urban extension”.”
6. The current application site was edged orange and identified as DWA Land on the Indicative Masterplan (Drwg. R.0235_03H) as part of the outline application for the residential development of the adjoining land (reference CH/12/0078). Condition 19 of outline planning permission CH/12/0078 (Appendix 4) clearly anticipates and makes provision for the residential development of the application site. The condition states that the layout element of the Reserved Matters application for the adjoining site (now under construction by Taylor Wimpey) “shall include vehicular and pedestrian access to facilitate future development of the site edged orange and identified on DWA Land (0.8ha) of the Indicative Masterplan Drwg. R.0235_03H...”
7. Having regard to the Planning Officer’s comments in the Report to application CH/12/0078, it is evident that the development of the current application site was seen as necessary in order for the land south east of Norton Canes to function as an “Urban Extension” by linking the redevelopment of the former Greyhound Stadium to the south to Norton Canes to the north.
ITEM NO. 6.53 8. The proposed development will deliver much needed housing, both in terms of their size and their tenure. The proposed extension will comprise some 37 dwellings being a mixture of some 12 no. 1 bed flats, 18 no. 2 bed houses and 7 no. 3 bed houses. This mix is entirely in line with Local Plan Policy CP7 which seeks to provide for a mix of housing size, types and tenure, including the provision of smaller houses.
9. The proposed development will be undertaken by Walsall Housing Group and will comprise of 100% affordable housing. The proposed housing will be affordable rented accommodation to be managed by Walsall Housing Group. The proposed development is intended to meet a recognised shortfall for affordable housing within Cannock Chase District. The mix of housing proposed, which is predominantly 1, 2 and 3 bedroomed properties, will similarly meet a shortage for such properties within Cannock Chase. The proposed development will thus deliver 37 affordable units, making a significant contribution towards meeting requirements for affordable housing within Cannock Chase District.
10. The application site is in a most sustainable location in relation to local facilities and amenities. The application site is located within easy walking distance of existing shops and facilities within Norton Canes. Brownhills Road is a public transport route, providing the site with good access to public transport. Bus services along Brownhills Road provide access to Rugeley, Hednesford, Cannock, Norton Canes, Brownhills and Walsall. Future residents of the application site would therefore have a choice of travel options available which would encourage sustainable patterns of travel.
11. The proposed development, having regard to other documents submitted with the application, can be undertaken without giving rise to any significant objections in terms of landscape and ecology. Such interests can be safeguarded through the use of appropriate conditions upon any planning permission that may be granted.
12. The application site comprises an area of vacant grassland; it has an unkempt appearance which detracts from the visual amenities of the area. Its redevelopment for housing would result in a visual improvement of the site.
13. Existing trees, hedgerows and heritage assets will be protected and enhanced wherever possible.
14. The application site has an acceptable means of access to the public highway.
15. Each of the proposed properties is to be provided with sufficient private garden space to meet the operational requirements of the proposed development. The proposed development could be undertaken without adversely impacting upon the living conditions of any neighbouring property. The proposed development is consistent with the Council’s guidelines in relation to the space about dwellings, including distances to boundaries, distances between dwellings and garden size.
16. Each property is provided with sufficient car parking to meet the operational requirements of the proposed development.”
4.10 Your officers observations on the ‘very special circumstances’ are as follows: It is accepted that the Council has identified the broad area of the application site, as part of the Greyhound Stadium site for future housing under Local Plan Policy CP6 in the Cannock Chase Local Plan (Part 1). It is noted that the Greyhound Stadium site and adjacent land has planning consent for 130 dwellings, which is currently under construction and the application site was intended to form part of the wider site, but, never came forward with the Greyhound Stadium application, at the time. Notwithstanding this the Greyhound Stadium development is under construction and has changed the character and appearance of the area. The proposed development would therefore contribute towards the urban extension South of Norton Canes.
ITEM NO. 6.54 4.11 As such, the proposed development would represent inappropriate development and there would be harm to the Green Belt by reason of inappropriateness, and some harm to the openness of the Green Belt. However, it is concluded that this is clearly outweighed by the very special circumstances, which in this instance is that that the application site is broadly identified under Local Plan Policy CP6 as part of an urban extension south of Norton Canes to provide housing for the district. In addition, the proposal would deliver much needed affordable housing for the District.
4.12 Design
4.13 Local Plan Policy CP3 seeks high standards of design of buildings and spaces which contribute to meeting the Vision for the District inspired by the nationally recognised environment of Cannock Chase and reflecting local identity. Policy CP3 also sets out criteria for considering new development proposals and seeks to safeguard the amenity of existing nearby residents.
4.14 Policy CP14 - Landscape Character and Cannock Chase Area of Outstanding Natural Beauty (AONB) - Requires consideration of landscape character in all developments. The NPPF also attaches great importance to the design of the built environment
4.15 Layout – Ideally, Officers would have preferred the application site to have been accessed from Chasewater Grange, so that it would be integrated with the existing development and also avoid the need for a separate access. However, this is not possible due to a strip of land along the southern boundary of the site being in separate ownership. Notwithstanding this the proposed layout is logical given the shape of the site, as most of the development would be located off the access road, with the exception of the larger block of flats, which face onto the open space area; this arrangement was based on officer advice to provide some active surveillance over the open space area.
4.16 Scale – In terms of scale the proposed development would be wholly two storey. The surrounding development is also two-storey. As such the proposal would reflect the scale of adjoining development. The neighbouring development includes larger detached dwellings, whereas the proposal is for pairs of semi’s, terraces and flats. Officers are of the opinion that this range of dwelling types would complement the existing larger houses.
4.17 Appearance – In terms of appearance the proposed scheme includes a few different house types and the proposed flats. As such, there would be a variety of dwelling types to add interest and variation to the streetscenes. The dwellings would be of traditional form and constructed from traditional materials. The designs include brick detailing and soldier courses, cill/header details in alternative brick colours to add interest. The proposed designs also include ‘gablet’ and ‘porch’ details to some dwellings. There are opportunities to further improve appearance such as including front boundary treatments, to dwellings, introducing a wider variety of facing materials and possibly including house types which address corners and focal points. The applicant is willing to agree such alterations as part of the planning conditions. Overall, the designs are acceptable.
4.18 Landscaping - The majority of the site is grassland. However, it does have hedgerows and trees along its western and southern boundary contiguous with Ash Close. The applicant has advised that these would be coppiced for management purposes and then allowed to grow back, but, would also be augmented with additional tree planting. As such, overtime a green corridor would be established along the southern boundary. Elsewhere, within the development, the proposed landscaping would comprise some green frontages to dwellings and rear amenity areas. Some additional hedge planting is proposed along the front of the site, development fronting onto POS/play area and adjacent to the spine road. In addition, the proposed development would also benefit from the POS/play area and associated green spaces arising from the Chasewater Grange. ITEM NO. 6.55
4.19 The Council’s Landscape Officer has raised issues in respect of the proposed landscaping, the applicant has responded to these comments through revisions to the layout and landscaping.
4.20 The landscaping officer has raised other matters in respect of the development resulting in an enclave, which does not have sufficient connectivity with the Chasewater Grange development. However, this can only be facilitated via land which is third party ownership. 4.21 Overall, officers are satisfied that the level of proposed development is proportionate to the development and is acceptable. Any further changes required would be addressed through the proposed conditions.
4.22 Impact of proposed development on the character and appearance of the area 4.23 The site comprises an open field, which is somewhat isolated in existence due to the recent surrounding development along its west and south boundaries. Also, the site lies south of Norton Canes and north east of the M6 Toll Road and the Motorway Service Area, which are major urban developments. Therefore, whilst the site is within the Green Belt the character of the surrounding area has become more urban. As such, the application site would be seen in the context of existing housing, when viewed from Brownhills Road. Therefore, redevelopment of this site would have no significant impact on the character and appearance of the wider area.
4.24 Strong representations have been made by local residents and Norton Canes Parish Council stating that the proposed development represents an intensive form of development, which is not in-keeping with the spacious character or density of the Chasewater Grange development. This is based on the ‘masterplan’ submitted as part of the outline planning consent for the Chasewater Grange development. The masterplan included the application site for illustrative purposes only. This illustrative layout showed approximately 18 dwellings on the application site. However, the site boundary (edged red) for that planning application did not formally include the current application site. In addition, the Councils Strategic Housing Land Availability Assessment (SHLAA) identifies 18 -20 dwellings on the application site. Again this is indicative only and not prescriptive. As such, there is no policy requirement or consent which limits the development of this site for 18-20 dwellings.
4.25 The Chasewater Grange development proposed 130 dwellings. At the time based on certain requirements the development needed to provide both formal and informal space. Also the development included mainly large detached houses. Consequently, that development is more spacious because of the associated open space and nature of approved dwellings.
4.26 The application site is for smaller ‘affordable housing’ which means that the site can facilitate more dwellings and also because of the scale of the development (37 dwellings) there is now a lesser requirement for open space. Most importantly, to ensure that new development provides adequate amenity for future occupiers the Council sets out certain space standards, as set out under Appendix B of the Design SPD. These provide numerical standards / distance guidance in respect of existing and proposed dwellings and garden sizes. Such numerical standards are met in relation to existing dwellings and largely met within the proposed development. Officers conclude that the proposed development would not harm the character and appearance of the wider area and therefore would conform with the relevant policies of the Local Plan and the NPPF.
4.27 Impact on Highway Safety
4.28 Policy CP3 and the NPPF seek new developments to promote ease of access and mobility within the development and from its surroundings, contributing to a network of attractive, well- connected spaces in sustainable locations with the safety of pedestrians, cyclists and other road users in mind. ITEM NO. 6.56 4.29 Policy CP10 and the NPPF seek to develop and promote sustainable transport modes that provide realistic alternatives to the car, help contribute to achieving national climate change targets and reduce air pollution.
4.30 Access- A single access is proposed for the development, which would be off Brownhills Road, this would facilitate access into and out of the proposed development site. County Highways Officers have reviewed the proposed access and consider the latest layout design to be acceptable, subject to recommended conditions.
4.31 Parking - The Council’s parking standards SPD dates back to 2005 and sets out maximum parking standards for new development. For dwellings the standards are for 2 and 3 bed dwellings two spaces each and communal parking for flats as 1.5 spaces per dwelling. This equates to a maximum requirement of 50 parking spaces for the houses and 18 spaces for the flats; a total requirement of 68 spaces. The proposed layout provides for 62 spaces. Most of the houses would have 2 spaces per dwelling and the flats would have a space each with some visitor spaces. It is noted that some two bed dwellings have one allocated space each and County Highways Officers have expressed concern over this. However, your Officers note that all the dwellings would be for affordable housing and car ownership levels amongst occupiers can be lower than market housing occupiers. In addition, lower parking numbers than the maximum standards have been supported elsewhere in the district in affordable housing schemes. Also, a shortfall 6 spaces would not result in any significant detriment to highway safety, as any potential on-street parking would be confined to the main spine road, within the site.
4.32 The applicant has also demonstrated to the satisfaction of the Highway Authority that a refuse vehicle would be able to access and turn within the development.
4.33 Subject to the recommended conditions the proposed access and parking are acceptable and would have no detrimental impact on highway safety.
4.34 Impact on Nature Conservation Interests
Policy CP12 Biodiversity and Geodiversity and the NPPF seeks to safeguard sites and species according to their international, national and local status and the protection, conservation and enhancement of habitats are fundamental requirements alongside development ensuring any adverse impacts are mitigated.
4.35 The applicant has commissioned a Phase 1 ecological survey to quantify the ecological value of the site. This concludes that the main Construction Zone is of ‘low ecological value’ consisting mainly of semi-improved grassland and that based on a Biological Data Search and site walkover survey, no protected species were recorded within the site, No badger setts were identified within the development area at the time of the survey and it is unlikely that badgers would utilize the site for foraging. The close proximity of some bat records and the tree-lines and woodland within the site indicate that these elements may have very limited use for bat foraging/commuting.
4.36 The report also makes the following recommendations:
- That any vegetation clearance is undertaken outside bird breeding season and in consultation with a qualified Ecologist top confirm the protection of birds; - Incorporation of bird and boxes: - Enhancing ecological and wildlife of the site by retaining existing and providing additional appropriate landscaping; - Particular precautions during construction to safeguard reptiles and great crested newts.
4.37 Some neighbours have advised that newts have been seen on the application site. The applicant’s ecologist advises that from the habitats present and the records nearby and on site, these would be a significant consideration. However, as the common lizards which were found ITEM NO. 6.57 to be present have been caught and moved on and the site is newt-fenced this substantially reduces the chances that species could still be present. Along, with the precautions proposed during construction and other recommendations officers conclude that the proposed development would not have any detrimental impact on protected plants or species.
4.38 There are no Statutory or Non-Statutory Designated Nature Conservation Sites within the site. However, Natural England has advised that the application site is in close proximity to the Chasewater and The Southern Staffordshire Coalfield Heaths Site of Special Site of Scientific Interest (SSSI). However, given the nature and scale of the proposal, Natural England is satisfied that there is not likely to be an adverse impact subject to the proposal being carried out in strict accordance with planning application submitted and following requirements: a) To mitigate recreational pressure arising from the proposal a financial contribution towards Chasewater County Park; b) An information pack for new residents of recreational opportunities in the area; and c) To manage Air Quality the submission of a suitable dust mitigation plan. The above requirements would be secured by conditions and the S106 Agreement. 4.39 The retention of the existing landscaping along the southern boundary of the site and additional proposed landscaping would result in biodiversity enhancements to support wildlife in the area. In addition, bird and bat boxes are recommended for the development, which would be secured by planning conditions.
4.40 Cannock Chase Special Area of Conservation (SAC)
4.41 Under Policy CP13 development will not be permitted where it would be likely to lead directly or indirectly to an adverse effect upon the integrity of the European Site network and the effects cannot be mitigated. Furthermore, in order to retain the integrity of the Cannock Chase Special Area of Conservation (SAC) all development within Cannock Chase District that leads to a net increase in dwellings will be required to mitigate adverse impacts. The proposal would lead to a net increase in dwellings and therefore is required to mitigate its adverse impact on the SAC. Such mitigation would be in the form of a contribution towards the cost of mitigation works on the SAC, which would b secured by way of a S106 Agreement. 4.42 Given the above it is considered that the proposal, subject to the recommended conditions and S106 requirements would not have a significant adverse impact on nature conservation interests either on, or off, the site. In this respect the proposal accords with Policies CP3, CP12 and CP13 of the Local Plan and the NPPF.
4.43 Impact on existing infrastructure
4.44 Concerns have been expressed that Norton Canes does not have the infrastructure in terms of schools and services to cope with the increase in residents. In terms of shops and services, as a result of the consultation no shops or service providers have expressed concerns that they will be unable to meet the demand of the new households. Similarly, there is no evidence that the proposal will necessitate the need for additional health facilities over and above those available at present. 4.45 Under the now superseded ‘Developer Contributions - Supplementary Planning Document’ November 2008. Planning Obligations were considered for developments of 7 dwellings or on a site greater than 0.2ha, in line with the County Council Policy Document. However, under the current Developer Contributions and Housing Choices – Supplementary Planning Document (SPD) April 2016; it is envisaged that education Planning Obligations will be reserved for use in relation to medium-large scale sites. Community Infrastructure Levy (CIL) funds will generally be used to addressing the cumulative impacts of small-medium developments planned in the district. The District and County Councils have worked together to produce the CIL Regulation 123 List, which identifies a number of education infrastructure items. However, based on the current Regulation 123 List no education infrastructure needs have ITEM NO. 6.58 been identified in the vicinity of the application site. Also Planning Obligations need to meet 3 specific tests, which are: i) Necessary to make the development acceptable in planning terms; ii) Directly related to the development; and iii) Fairly and reasonably related in scale and kind to the development.
4.46 Education
4.47 County Highways have requested a financial contribution of £55,155, based on the development resulting in the requirement for 5 additional primary school places.
4.48 Health
4.49 Based on the current Developer Contributions and Housing Choices – Supplementary Planning Document (SPD) April 2016, such infrastructure would be identified and delivered via the Regulation 123 List or based on any site specific requirements. The Council has prepared the Regulation 123 List in consultation with health partners and no such infrastructure need has been identified within the vicinity of the application site. Neither is the Local Planning Authority aware of any information evidencing the shortcomings with respects to existing health facilities. As such, no financial contribution is being sought for health facilities.
4.50 Open Space, Sport and Recreation (OSSR)
4.51 Policy CP5 of the Local Plan (Part 1) states that developer contributions will be sought towards the provision of OSSR in line with the standards set out in the Developer Contributions and Housing Choices Supplementary Planning Document (SPD). Appendix 2 of the SPD sets out those standards. In accordance with the SPD, unless there are any site specific requirements or the proposal is for large scale development 100+ then off-site OSSR requirements would generally be funded via CIL. As such, the proposed development for 37 dwellings generates no specific requirement for any S106 contribution towards off-site OSSR.
4.52 Impact on neighbours
4.53 The nearest existing dwellings to the application site are those along Ash Close, which is part of the Chasewater Grange development. Based on the proposed layout the new development would meet the relevant space standards to ensure that the proposed development would not result in overlooking or loss of privacy to existing neighbours.
4.54 Neighbours in Ash Close have expressed concerns that the coppicing of the woodland buffer would compromise privacy and increase overlooking. However, regardless of this buffer the proposed development meets privacy and overlooking standards in relation to existing dwellings.
4.55 Nearby residents have also expressed concerns over the loss of the existing view as a consequence of the proposed development. However, this is not a material planning consideration.
4.56 Concern has also been expressed over impacts from noise and pollution from the development. Some degree of disturbance and interruption is inevitable during construction works. A condition requiring a Construction Environmental Management Plan has been recommended along with a condition to control hours of construction to safeguard the amenity of neighbours.
4.57 Overall, based on the submitted final layout it is concluded that the proposed development would not harm the amenity of nearby neighbours, subject to the recommended conditions.
ITEM NO. 6.59 4.58 Quality of environment for future occupiers
Based on the proposed layout, the development would be attractive, easily accessible and each dwelling would have adequate private and secure amenity space. Furthermore, the application site would benefit from nearby formal and informal open space provision, which would offer additional recreation opportunities for residents. Overall, the proposal would deliver a good quality living environment for future occupiers and therefore accords with Local Plan Policy CP3 and the Design SPD.
4.59 Affordable Housing
4.60 All the proposed dwellings would be for affordable housing. Some residents have commented that the existing development provides sufficient affordable housing. Whilst it is acknowledged that the Chasewater Grange development provided for affordable housing; this was in relation to that development.
4.61 There is an annual need in the District for 197 affordable homes. During the last 9 years we have delivered between 21 and 161 units per year. On sites of 15 units and above 20% is required for affordable housing with a recommended tenure split of 80% rented and 20% shared ownership. On a site of 37 units, only 7 units would therefore be required for affordable housing. Walsall Housing Group are prepared to deliver the whole site for affordable housing and the funding they have available is for rented units only. They are providing 1, 2 and 3 bedroom accommodation, which would enable, single people, couples and families to access the affordable housing most suited to their needs who are residents of Cannock Chase.
4.62 Sustainability and Climate Change
4.63 The accessibility of the site to and from the existing settlement would be good, including access to retail, educational and community facilities provided within Norton Canes. The development is also well served by pedestrian and cycle linkages to the surrounding area.
4.64 Land contamination
4.65 Para 120. of the NPPF seek to prevent unacceptable risks from pollution and land stability. Although the site is a greenfield the applicant has undertaken a preliminary ground Investigation. The conclusions of this are that on-site there is potential for Made Ground to be present, which is considered to be a potential source of contamination and hazard ground gases. Further to this, there is the potential for asbestos bearing materials to be present in the vicinity of the previous buildings. The report recommends further site investigations. 4.66 It is not uncommon to find contamination on development sites and the applicant/developer would be required to remediate the site to the satisfaction of the Council’s Environmental Protection team to progress with the development. Appropriate conditions are recommended to achieve this.
4.67 Crime and Fear of Crime
4.68 As the proposed development is for ‘affordable housing’ some representations have been received suggesting links between such housing and crime/anti-social behaviour. However, there is no evidence of this.
4.69 In addition, concerns have been raised over a small number of alleyways created as a consequence of previous layouts. These have been minimised in the latest layout. Concern has been expressed by neighbours and consultees that these could encourage anti-social behaviour. The applicant has advised that any such alleyways would be serviced by lockable gates. As such, officers are satisfied that the proposed layout is acceptable with regards to ‘secure by design’ principles.
ITEM NO. 6.60 4.70 Flood Risk Management
4.71 Local Plan Policy CP16 sets out the council’s aspirations to tackle climate change and ensure sustainable resource use via the promotion and positive consideration of initiatives and development proposals that appropriately account for both current and future potential levels of flood risk. 4.72 The NPPF identifies planning policy relating to flood risk in the UK and how it is dealt with at all stages of the planning process. The key themes of the guidance are the appraisal, management and reduction of flooding risk. 4.73 In accordance with the NPPF sequential approach, the proposed scheme seeks to provide housing in an area of lowest flood risk (Flood Zone 1) as defined by the Environment Agency’s flood risk mapping and a more detailed site specific assessment. The proposed scheme incorporates the use of Sustainable Urban Drainage Systems (SUDS), which is primarily through the use of tanked porous paving and storm drainage to the nearby watercourse. These have been designed to ensure that the developed site’s runoff is managed such that there are no adverse impacts on neighbouring land. The on site storage and slow release of run-off will ensure that the site continues to discharge at greenfield rates as at present.
4.74 The Local Lead Flood Authority have recommended that an acceptable drainage design can be achieved within the proposed development, and with an appropriate offset from the watercourse and raised finished floor levels the residual flood risk to the site will be low.
4.75 Section 106 Contributions The type and size of development proposed necessitates the need for a Section 106 Agreement, which would provide for the following: - Affordable Housing – A 100% affordable housing element; - A financial contribution (TBA) for Chasewater County Park towards path improvements to mitigate for visitor pressure arising from the development on the The Southern Staffordshire Coalfield Heaths Site of Special Site of Scientific Interest (SSSI). - A financial contribution to mitigate the impact o the proposed development on the Cannock Chase Special Area of Conservation (SAC) at a rate of £221 per dwelling for 80% of the proposed development (29 dwellings). - Education Contribution of £55,155 towards the provision of 5 primary school places.
4.76 Comments on representations received from neighbour consultation not already addressed in report. –
- Devaluation of existing properties – This is not a material planning consideration.
- Some residents have not yet moved in and therefore would be disadvantaged by not having a say on the proposed development – In processing the planning application all statutory publicity requirements have been undertaken.
- Proposal would result in additional use of existing play area – This is not a material planning consideration.
- Play area segregated from Taylor Wimpey development – The play area is already segregated from the Taylor Wimpey development by the application site, which is in private ownership.
- Application site should be used for recreational use – The application site is in private ownership as such future use of the site is at the discretion of the owners, subject to any relevant consents.
- Additional use of play area would result in noise and disturbance – There is no evidence to support this.
ITEM NO. 6.61 - Flood risk assessment based on 18 dwellings – This was an error in the original report, which has since been acknowledged by the applicant.
- Legal issues about Taylor Wimpey not making residents aware of proposed scheme and Taylor Wimpey advised residents that they would purchase site to deliver 15-20 dwellings. – These matters are not material to the determination of this application.
5.0 HUMAN RIGHTS ACT
5.1 The proposals set out in this report are considered to be compatible with the Human Rights Act 1998. The proposals could potentially interfere with an individual’s rights to the peaceful enjoyment of his or her own property as specified in Article 8 and Article 1 of the First Protocol, however, the issues arising have been considered in detail in the report and it is considered that, on balance, the proposals comply with the Local Plan policy and are proportionate.
6.0 CONCLUSIONS
6.1 The application site comprises greenfield land in the Green Belt, which comprises mainly semi improved grass-land part bound by hedges and trees. Land surrounding the site is being developed for housing and associated Public Open Space /Play Area.
6.2 The proposal seeks full planning permission for residential development for 37 dwellings with associated garden /amenity areas. Vehicular access is proposed of Brownhills Road.
6.3 In general, the site is well located in relation to Norton Canes and its shops and services. The site is accessible by public transport and would benefit from improved pedestrian / cycle links to Norton Canes. As such, it is concluded that the site is in a sustainable location.
6.4 The proposed development would represent inappropriate development and there would be harm to the Green Belt by reason of inappropriateness, and some harm to the openness of the Green Belt. However, it is concluded that this is clearly outweighed by the very special circumstances, which in this instance is that that the application site is broadly identified under Local Plan Policy CP6 as part of an urban extension south of Norton Canes to provide housing for the district. In addition, the proposal would deliver much needed affordable housing for the District.
6.5 The access to the site is acceptable, subject to the recommended conditions. Parking provision falls short of maximum standards by 6 spaces however this is acceptable for a scheme which comprises 100% affordable housing, where car ownership is expected to be lower than market.
6.6 In terms of design your officers conclude that the proposal will deliver a good quality development with complementary landscaping, which would, in time, enhance the site and wider area. The proposal would have no adverse impact in terms of the amenity of nearby neighbours.
6.7 In relation to other issues relevant to the development the applicant has satisfactorily demonstrated to your officers and other statutory agencies that there are no significant impacts in respect of nature conservation, land contamination, flood risk and drainage concerns.
6.8 As such, although not in accordance with development plan, it is necessary for officers to consider all material considerations, weighing the impacts of the scheme and potential benefits, to consider whether planning consent should be granted even if contrary to policy. These benefits include the provision of affordable housing. Therefore your officers recommend:
ITEM NO. 6.62 1. That the application be referred to the Government Office West Midlands, under the provisions of the Town and Country Planning (Consultation) (England) Direction 2009 – as “Green Belt development ” which – consists of or includes inappropriate development on land allocated as Green Belt in an adopted local plan, unitary development plan or development plan document and which consists of or includes-
(a) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more.
2. That in the event that the Secretary of State is minded not to “call in” the application the Applicants be requested to enter into an Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:
- Affordable Housing – A 100% affordable housing element; - A financial contribution (TBA) for Chasewater County Park towards path improvements to mitigate for visitor pressure arising from the development on the The Southern Staffordshire Coalfield Heaths Site of Special Site of Scientific Interest (SSSI). - A financial contribution to mitigate the impact o the proposed development on the Cannock Chase Special Area of Conservation (SAC) at a rate of £221 per dwelling for 80% of the proposed development (29 dwellings). - Education Contribution of £55,155 towards the provision of 5 primary school places.
Then grant planning permission subject to conditions / informatives set out in this report.