APP 01

Application Number: 18/00724/FUL

Description Demolition of Equestrian Centre and erection of 51 dwellings with associated works

AT Malt Mill Farm, Road, Hanslope

FOR McCann Homes Limited

Target: 10th August 2018

Extension of Time: Yes

Ward: North And Hanslope Parish: Hanslope Parish Council

Report Author/Case Officer: Elizabeth Verdegem

Contact Details: [email protected]

Team Manager: Nicola Thompson, Interim Development Management Manager [email protected]

1.0 RECOMMENDATION

(The decision that officers recommend to the Committee)

It is recommended that permission is granted subject to conditions set out in this report and completion of a Section 106 agreement.

2.0 INTRODUCTION

(A brief explanation of what the application is about)

The Site

2.1 The application site is 1.76 hectares and includes land currently in use as an equestrian centre, including access up to Castlethorpe Road, and an area of land to the south adjacent to Castlethorpe Road to be used as a balancing pond. The area that is currently the equestrian centre and access is considered to be brownfield land, while the additional area for the balancing pond is current open field.

2.2 The site falls outside the established settlement boundary of Hanslope village and within the Open Countryside as defined by Local Plan Policy S10. Hanslope is defined as a Selected Village within the Core Strategy, and has a number of local facilities, including primary school, post office and .

2.3 There are a number of Public Rights of Way (PRoW) within and around the site, some of which will be affected by the proposal. The site is within Flood Zone 1. There are trees and hedgerow to the north, western and southern boundaries of the site, and other trees located within the site. Between the main part of the site and Castlethorpe Road are 4 existing dwellings, three to the north-east and one to the south-east. The site is otherwise surrounded by agricultural fields.

2.4 Beyond the directly adjacent agricultural fields, Cuckoo Hill Farmhouse is to the south-west, there are houses along the east side of Castlethorpe Road to the north- east, and the houses of Cuckoo Hill Rise, and Cuckoo Hill Farm commercial units are to the north.

The Proposal

2.5 This application proposes the demolition of the existing equestrian facilities and the erection of 51 new dwellings. All but Plot 1 (a 3-bed bungalow) are two-storeys in height, and all have private allocated parking spaces and rear gardens. Some dwellings also have detached garages.

2.6 A summary of the proposed accommodation is as follows: Type of house Number of Units Number of Affordable Units 2-bed house 19 12 (affordable rent) 3-bed house 29 3 (1x affordable rent, 2x share ownership) 4-bed house 3 n/a Total 51 15 (29.4% affordable)

2.7 The associated works include improvement to the access from Castlethorpe Road, new estate road around the site, landscaping and a balancing pond for drainage located to the south of the housing, adjacent to Castlethorpe Road.

2.8 It is also proposed to divert some of the Public Rights of Way that currently run through and around the site, although this forms a separate process to this planning application.

Reasons for determination at Committee

2.9 The application is referred to the Development Control Committee for determination as a departure from the local plan and at the request of Hanslope Parish Council.

3.0 RELEVANT POLICIES (The most important policy considerations relating to this application)

National Policy

3.1 National Planning Policy Framework (2012)

Paragraphs 6, 7, 8 and 14 - Presumption in Favour of Sustainable Development Paragraphs 11-16: Presumption in favour of sustainable development Paragraph 17: Core Planning Principles Section 4: Promoting Sustainable Transport Section 6: Housing Section 7: Design Section 8: Promoting Healthy Communities Section 10: Meeting the Challenge of Climate Change & Flooding Section 11: Conserving and Enhancing the Natural Environment Paragraph 173: Ensuring Viability and Deliverability Paragraphs 187 &187: Positive Approach to Decision Taking Paragraphs 196 & 197: Determining Applications Paragraphs 203-206: Conditions and Obligations

In addition, the National Planning Practice Guidance is a material consideration.

Local Policy

3.2 Neighbourhood Plan

In November 2015, Hanslope Parish Council applied to Council, in accordance with the Neighbourhood Planning (General) Regulations 2012, to designate a Hanslope Neighbourhood Plan Area and this designation was approved by on 9th December 2015. To date, however, the Parish Council has not progressed a Neighbourhood Plan to a stage that it could be attributed any weight.

3.3 Milton Keynes Core Strategy (2013)

CSA: Presumption in Favour of Sustainable Development CS1: Milton Keynes Development Strategy CS9: Strategy for the Rural Area CS10: Housing CS11: A Well Connected Milton Keynes CS12: Developing Successful Neighbourhoods CS13: Ensuring High Quality, Well Designed Places CS14: Community Energy Networks CS17: Improving Access to Local Services CS18: Healthier and Safer Communities CS19: The Historic and Natural Environment CS21: Delivering Infrastructure

3.4 Milton Keynes Local Plan 2001-2011 (2005) – Saved Policies

S10: Open Countryside D1: Impact of Development Proposals on Locality D2A: Urban Design Aspects of New Development D2: Design of Buildings D4: Sustainable Construction HE1: Protection of Archaeological Sites NE2: Protected Species NE3: Biodiversity & Geological Enhancement T1: The Transport User Hierarchy T2: Access for those with Impaired Mobility T3: Pedestrians and Cyclists T10: Traffic T11: Transport Assessment and Travel Plans T15: Parking Provision H3-H5: Affordable Housing H8: Housing Density H9: Housing Mix L3: Standards of Provision (Open Space) P04: Percent for Art

3.5 Supplementary Planning Guidance/Documents

New Residential Development Design Guide (April 2012) Parking Standards (January 2016) Sustainable Construction (April 2007) Affordable Housing SPD (March 2013) Social Infrastructure Planning Obligations (September 2005) Planning Obligations for Education Facilities (December 2005) Planning Obligations for Leisure, Recreation and Sports Facilities (2005)

4.0 MAIN ISSUES

(The issues which have the greatest bearing on the decision)

4.1 The main issues to consider are as follows:  Principle of Residential Development on the Site  Design, Layout and Density  Impact on Heritage Assets  Access and Highway Matters  Residential Amenity  Ecology  Landscape  Flood Risk and Drainage  S106 Contributions and Affordable Housing  Sustainable Development

5.0 CONSIDERATIONS

(An explanation of the main issues that have led to the officer recommendation)

Principle of Residential Development on the Site

Open Countryside 5.1 The application site is outside of the settlement boundary of the village of Hanslope and within the Open Countryside as defined by policy S10 in the Saved Policies of the Local Plan. Policy S10 states that planning permission will only be granted for development in the open countryside where it is essential for agriculture, forestry, countryside recreation and other development which is wholly appropriate to a rural area and cannot be located within a settlement. In addition, Core Strategy policies CS1 and CS9 seek to focus development in the rural area within the development boundaries of the main settlements and adjacent to the most sustainable towns or key settlements.

5.2 This proposal does not meet any of the exceptions of policy S10. However, weight should be given to the fact that a large proportion of the site has been previously developed, and has been stated by the applicant to be no longer viable as an equestrian facility, due to other equestrian facilities being available within the wider area. The Core Planning Principles in paragraph 17 of the NPPF “encourage the effective use of land by reusing land that has been previously developed (brownfield land), provided that it is not of high environmental value.” There is therefore conflict between the site’s designation as Open Countryside in the Local Plan, and encouraging the redevelopment of brownfield sites, as per the NPPF.

5.3 It should also be noted that Policy C2 Protection of Community Facilities, does not apply here, as the equestrian facility was in private ownership and does not fall within the categories of community facilities (such as school, village halls, post offices etc.).

Housing Land Supply 5.4 As concluded in a number of recent local appeal decisions, including the appeal decision at Long Street, Hanslope, the Council cannot currently demonstrate a 5 year housing land supply. For the avoidance of doubt, Local Planning Authorities can only rely on a 3 year housing land supply in rural areas (Written Ministerial Statement of 12 December 2016) if the proposed development lies within a Neighbourhood Plan (area) which has been adopted, and contains housing allocations. The Hanslope Neighbourhood Plan has not been adopted. The Council therefore has a shortfall of housing land supply. This weighs significantly in favour of the application.

5.5 Where the Local Planning Authority cannot demonstrate a 5 year housing land supply, paragraph 49 of the NPPF is engaged, and states "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". It must therefore be considered whether the adverse impacts of granting planning permission would significantly and demonstrably outweigh the benefits, as outlined in paragraph 14 of the NPPF which is also engaged (referred to as ‘the tilted balance’ in favour of sustainable development). Policies for the supply of housing should be given less weight where these circumstances apply.

5.6 It has been established through recent appeals that policies CS1 and CS9 are considered to be policies which relate to the supply of housing, whereas policy S10 does not. Policy S10 implicitly recognises the character and beauty of the countryside, in accordance with the aims of the NPPF, by seeking to protect it. However, strict adherence to the defined development boundaries (outlined in policies CS1 and CS9) would be likely to greatly limit the extent to which shortfalls in housing land supply could be addressed, contrary to the aims of the NPPF. It follows under the terms of the NPPF that policies CS1 and CS9 should not be considered up-to-date and therefore less weight given to them, and that there is an element of conflict between policy S10 and the aims of the NPPF.

5.7 Therefore the Council’s current housing land supply position, and the fact that the site is previously developed, both significantly weigh in favour of the proposed development.

Design, Layout and Density

5.8 Saved Policies D2, D2A and H8 of the Milton Keynes Local Plan 2001 – 2011 and Core Strategy Policies CS13 and CS18 seek high quality design and appropriate density that relates well to the surrounding area and design out opportunities for crime. Further, the Core Planning Principles in Paragraph 17 of the National Planning Policy Framework state that planning should always seek to secure high quality design. Housing policies hold reduced weight given the Housing Land Supply Position.

5.9 The applicant has proposed a standardised layout within the site of mostly two- storey houses, and provided appropriate separation distances, parking and amenity space in accordance with the Residential Design Guide 2012.

5.10 Comments from the MKC Urban Design Officer at the initial stages considered that the layout lacked connection with the village, and should be supported by a footpath along Castlethorpe Road and public open space. It has been agreed that a

footpath will be provided on the west side of Castlethorpe Road, and the open space contributions will be made through the S106 agreement to support the existing village facilities.

5.11 In addition materials and detailed landscaping and boundary treatment conditions will be secured be condition, to ensure integration with the vernacular of the nearest dwellings off Castlethorpe Road.

5.12 51 dwellings per 1.76 hectares application site equates to a housing density of 28.98 dwellings per hectare. This is considered to be in accordance with Policy H8 Housing Density, which calls for a density of 30 dwellings per hectare in the rural area, and acceptable given the rural nature of the surroundings, and the fact that part of the site is taken up with the balancing pond required for drainage.

5.13 The proposal includes 15 dwellings designated as affordable, which equates to 29.4% of the total dwellings on the site, in accordance with Policies H4 and H5 regarding Affordable Housing. In addition, the Council’s Housing Officer is content with the mix of affordable housing in line with current housing need, and it is considered that the proposal complies with Policy H9 Housing Mix in providing a range of house sizes and types.

5.14 Overall it is considered that the design and layout of the proposal is acceptable and in accordance with the above polices in the Local Plan, and the aims of high quality development within the Core Strategy Policy CS13 and the NPPF.

Impact on Heritage Assets

5.15 The application site is some distance away from any listed buildings or the Hanslope Conservation Area. It is therefore considered that the proposal will not have a detrimental impact on any designated heritage assets.

5.16 In the absence of an archaeological assessment as part of the application submission, the Council’s Archaeological Officer has requested that a Written Scheme of investigation is secured by condition, to ensure that any undiscovered archaeological finds are dealt with appropriately.

5.17 With this secured by condition, it is considered that the proposal will comply with Policy HE1 Protection of Archaeological Sites within the Local Plan.

Access, Parking and Highway Matters

5.18 Concerns were initially raised by the Council’s Highways Engineer regarding the layout of the estate road, and requirement for a refuse vehicle tracking diagram.

These have now been addressed and the Highways Officer has no objection to these arrangements subject to conditions.

2.10 Concerns were also initially raised regarding the parking amount, and the layout was subsequently revised. A summary of the proposed parking spaces against the requirement in the Parking Standards SPD is included below. All plots meet the allocated requirement, and the unallocated (visitor) requirement is accommodated on site: Parking Standards Provided Requirement - Zone 4 Type of Number Allocated Unallocated Allocated Unallocated house of Units (visitor) (visitor) 2-bed 19 2 per house 0.25 per house 38 house (38 total) (4.75 total) 3-bed 29 2 per house 0.5 per house 60 21 across the house (58 total) (14.5 total) site 4-bed 3 3 per house 0.33 per house 11 house (9 total) (0.99 total) Total 51 105 20 (20.24) 109 21 houses allocated unallocated allocated unallocated spaces spaces spaces spaces Site 125 spaces required 130 spaces provided Total

5.19 The applicant is providing in excess of the parking standards in both allocated and unallocated requirement and the parking on site is therefore considered acceptable.

5.20 Concerns have been raised by a number of consultees, including Highways Engineer, regarding the accessibility of the site with the main village. The applicant originally proposed a short length of footway on the east side of Castlethorpe Road to link to the existing footpath, which would require residents of the proposed houses to cross Castlethorpe Road in order to walk into the village, and then cross back to the west side in order to access the facilities on the west side of Castlethorpe Road, such as the Primary School and Doctor’s Surgery. Therefore the Highways Officer concluded that a footpath on the west side of Castlethorpe Road would be more appropriate.

5.21 This footpath has now been proposed and will link the proposed development to the footpath outside the houses on Cuckoo Hill Rise. The applicant has agreed and this will be secured through the Section 106 agreement.

5.22 Additional traffic calming was proposed on Castlethorpe Road outside the access to the site. Following an assessment of traffic speeds on this stretch of road, and with consideration of other traffic calming measures closer to the village, the Council’s Highways Engineer requested a number of amendments. White “dragon’s

teeth” road markings are proposed and a 30mph white road marking to the south of the site when travelling north into the village. These are considered acceptable by the Highways Engineer and those works will be secured through the Section 106 agreement.

5.23 With the details and features secured by condition and the proposed enhancements secured through the Section 106 agreement it is considered that the application is acceptable from a parking and highways safety perspective. The footpath will ensure connectivity to the village and encourage sustainable travel. It is therefore considered that the proposal complies with polices T1, T2 and T3 in providing accessible travel options, policy T10 in ensuring highway safety, and policy T15 in complying with the Parking Standards SPD and providing adequate parking for the development.

5.24 In addition, it is considered appropriate to request a Construction Management Plan to ensure that construction traffic is routed appropriately and that all construction vehicles and equipment is accommodated on site, and not on the public highway. This is particularly important given the amount of development currently approved and proposed in Hanslope. This will be secured by condition.

Residential Amenity

5.25 Local Plan Saved Policy D1 ‘Impact of Development Proposals on Locality’ and the guidance in the New Residential Design Guide seek to ensure that the amenity of both existing and future residents will not be compromised, thus reflecting the requirements of Paragraph 17 of the NPPF.

5.26 There are four properties in close proximity to the application site that are located between the housing on the application site and Castlethorpe Road. These properties have large gardens and therefore adequate separation distances, in accordance with the New Residential Design Guide, will be retained between the existing and proposed dwellings. In addition, the closest proposed dwelling to the existing houses is a bungalow (Plot 1), which will minimise the visual impact of the new development on the existing residents. It is not considered that any of the existing dwellings will be subject to an adverse impact on residential amenity through overshadowing, loss of sunlight or loss of privacy as a result of the proposal.

5.27 As discussed above in term of layout, the proposed dwellings comply with the separation distances required by the Residential Design Guide and therefore, it is considered that the future occupiers of the proposed dwellings will have a good standard of residential amenity. The development proposal is therefore in accordance with the requirement of policy D1 and the New Residential Design Guide SPD.

Ecology

5.28 The application was accompanied by a Preliminary Ecological Assessment, which was subsequently revised following initial comments from the Council’s Countryside Officer. The Assessment concludes that there is no evidence of protected species on the site and recommends measures to avoid unforeseen harm and to mitigate for any loss of habitat or biodiversity as a result of the development, as well as a precautionary method of working. Mitigation and biodiversity enhancement measures will be secured through a condition for a Landscape and Biodiversity Enhancement Scheme, and details of the lighting scheme. Given the potential for migration of protected species within the site and surroundings a condition will also be secured for revised ecological assessments if the development has not commenced within two years.

5.29 Given the above assessment and subject to the future requirements of any reserved matters, the proposed development is considered to be in accordance with Policy NE3 of the Milton Keynes Local Plan and the NPPF in ecology terms.

Landscaping

5.30 The Council’s Landscape Architect has assessed this application and objects on the basis that the site is within the S10 Open Countryside, and would have an urbanising effect on the rural character of this area south of Hanslope. The principle of developing on this site is discussed in paragraphs 5.1-5.2 above.

5.31 Although the proposal is likely to have a visual impact on the site, it is not considered to be significantly adversely detrimental when considered with the large buildings for the current commercial use. In addition, the housing development is considered compatible with the four existing properties adjacent to the site off Castlethorpe Road, albeit different in style and scale, and the houses on the east side of Castlethorpe Road towards Hanslope. While the proposal will have an urbanising effect, it is considered that appropriate landscaping can limit and mitigate this impact when viewed form Castlethorpe Road and the surrounding Public Rights of Way.

5.32 While the Landscape Architect requested an Arboricultural Impact Assessment (AIA) and Tree Survey as part of the determination process the applicant considered that the limited number of trees within the site did not warrant this information prior to determination. In order to make sure that a full assessment of the trees to be removed on site are considered, and the trees to be retained are fully protected, an Tree Survey, AIA, Tree Constraints Plan and Tree Protection Plan will be requested by pre-commencement condition. Although this procedure is not considered best practice, in this case it is considered acceptable, as the

assessment will be required pre-commencement, and will still allow a landscape scheme and tree protection plan to be proposed which appropriately mitigates for any loss and potential harm to the trees and hedgerow on site.

5.33 With the full set of tree surveys, as well as landscape scheme and Landscape and Ecology Management Plan secured by condition, it is considered that the proposal is in accordance with policy D2A, D2 and NE3, in assessing and providing appropriate protection of landscape features and landscape enhancements mitigation for the proposed development.

Flood Risk and Drainage

5.34 The Council’s Flood and Water Management Officer (as Lead Local Flood Authority (LLFA) officer) has assessed the applicants Flood Risk Assessment and Drainage Strategy and considers that the applicant’s current proposed use of soakaways is not appropriate for drainage at the site and that further information needs to be provided for an approved drainage scheme. The LLFA do not object to the scheme and consider that this can be dealt with by pre-commencement condition.

5.35 With conditions for the drainage scheme secured it is considered that the proposal complies with policy D1 (ii) of the Local Plan in that risk of flooding will not be increased on or off site and that an adequate drainage system and method of surface water disposal will be provided.

Contamination

5.36 Given the existing land use at the site, and the change in use to residential, the Council’s Environmental Health Officer has recommended that conditions be secured for pre-commencement ground investigations and any necessary mitigation works. These works will be secured by condition to ensure that no adverse impacts on the site or surroundings as a result of previous site contamination, in accordance with Policy D1 of the Local Plan.

Public Rights of Way

5.37 There are two Public Rights of Way adjacent or within the site, Hanslope Footpath 052, to the west which cuts through the north-west corner of the site, and Footpath 053 which runs within the southern boundary, and partly through the garden of the adjacent dwelling to the south. The applicant has proposed diversions to both of these footpaths around the outside of the housing. This is part of a separate process from the planning application to approve these diversions. However, the diversions are considered acceptable in principle and the final detail can be agreed with the Rights of Way officer during the diversion process.

S106 Contributions and Affordable Housing

5.38 Saved Policy H4 of the Milton Keynes Local Plan 2001 – 2011 and the Affordable Housing SPD seeks 30% Affordable Housing (25% Affordable Rent of which 5% of the development should be at levels broadly equivalent to Social Rent and 5% Shared Ownership in Accordance with the Affordable Housing SPD. This has been agreed and forms part of the heads of terms for the Section 106 agreement.

5.39 In addition to Affordable Housing, Section 106 contributions are required to mitigate the impact of this development in accordance with relevant Supplementary Planning Documents/Guidance. These contributions are currently being agreed, and an update on the progress of the S106 will be provided at Development Control Committee.

5.40 In addition, the applicant has agreed to enter into a Section 278 agreement for works to the adopted highway to provide a footpath on the west side of Castlethorpe Road in order to join up with the existing footpath at Cuckoo Hill Rise, and to provide “gateway” enhancements to Castlethorpe Road, around the access to the application site.

5.41 These contributions meet the tests for obligations as outlined at paragraph 204 of the NPPF and are in accordance with CIL Regulations 122 and 123. These have also all been agreed and form part of the heads of terms for the Section 106 agreement. If Members are minded to grant permission it should be noted that a decision will not be issued until the Section 106 has been completed in accordance with the above requirements.

Cumulative Impacts

5.42 The Parish Council and third party objectors have raised concerns regarding the cumulative effect of this development, and other developments recently approved in Hanslope, causing a stress on local infrastructure and changing the character of the village.

5.43 This application, as per the other recent planning permissions granted recently in Hanslope, have been subject to section 106 agreements to secure infrastructure improvements to offset the impact of the development such as new footpaths, and junction improvements, and contributions to education, health and other local facilities. These contributions and schemes are designed to offset the impact on the existing infrastructure and improve these facilities to cope with the new demand.

5.44 In terms of the character of the village, whilst there are policies seeking to protect the countryside as addressed above, population growth of settlements in their own

right is not a justifiable planning objection and would be contrary to the expectation in the NPPF for planning to seek to significantly boost the supply of housing.

Sustainable Development

5.45 Recent planning approvals for residential development in Hanslope have established the village as a sustainable location for housing development. The NPPF identifies that there are 3 dimensions to sustainable development: social, economic and environmental.

Social Benefits 5.46 The social benefits of the scheme would include a significant contribution towards making up the shortfall in housing site already identified. Thereby it would facilitate the Government’s aim of boosting significantly the supply of housing. This can be attributed substantial weight in favour of the application.

5.47 In addition, under the terms of the section 106, 29.4% of the proposed units would contribute towards meeting the need for Affordable Housing, in accordance with Local Plan Policy H4 and the aims of the NPPF. Substantial weight can be given in favour of the application to the provision made for Affordable Housing. The S106 also includes social infrastructure contributions, as well as improvements to Castlethorpe Road, such as the agreed footpath on the west side of the road joining the site to the existing footpath network. The proposed development is therefore considered to be sustainable form a social perspective.

Economic Benefits 5.48 The economic benefits of the scheme would include the creation of construction jobs in the short-term during the construction of the development. In addition, it is likely that residents would support the local economy such as the shop and post office. It is therefore considered that the proposal will have some positive benefits to the local community, and can be considered sustainable from an economic perspective.

Environmental Benefits 5.49 The development will result in the removal of some vegetation, and assessments have been provided by the applicant to show that there will be no adverse harm to protected species or habitats that can’t be mitigated through conditions for landscaping details or ecological management. On balance itt is therefore considered that the proposal is sustainable from an environmental perspective.

5.50 Overall, it is considered that the public benefits of the scheme, through the provision of 51 new dwellings and infrastructure contributions through the S106 agreement, weigh heavily in the application’s favour. It is considered that the tilted

balance in favour of housing provision on a previously developed site applies, and that the redevelopment of the site for residential use is acceptable.

6.0 CONCLUSIONS

6.1 The NPPF indicates that where relevant policies of the Development Plan are out of date, planning permission should be granted unless: any adverse impacts of doing so would significantly and demonstrably outweigh the benefits. It is considered that the adverse impacts of the proposal would not significantly outweigh the benefits in this case. On balance, having regard to likely economic, social and environmental impacts and benefits, the scheme would amount to sustainable development under the terms of national policy, and contribute towards the borough’s housing supply through the redevelopment of this previously developed site. The proposal is therefore considered to be sustainable development.

7.0 CONDITIONS

7.1 It is recommended that the following conditions be applied when granting planning permission:

1. The development hereby permitted shall begin before the expiration of three years from the date of this permission.

Reason: To prevent the accumulation of planning permissions; to enable the Local Planning Authority to review the suitability of the development in the light of altered circumstances; and to comply with section 91 of the Town and Country Planning Act 1990.

2. No development shall take place above slab level until a Schedule of Materials for the external materials to be used in the construction of the development have been submitted and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in full accordance with the approved details prior to the first occupation of the development.

Reason: To ensure that the development does not detract from the character and appearance of the area in accordance with Policy CS13 of the Milton Keynes Core Strategy 2013 and Saved Policy D2 of the Milton Keynes Local Plan 2001-2011.

3. Prior to the commencement of the development an archaeological field evaluation comprising trial trenching shall be completed. The archaeological evaluation shall be detailed in a Written Scheme of Investigation submitted to and approved by the local planning authority in writing. On completion of the archaeological field evaluation a further Written Scheme of Investigation for a programme of archaeological mitigation in respect of any identified areas of

significant buried archaeological remains shall be submitted to and approved by the local planning authority in writing. For land that is included within the WSI, no development shall take place other than in accordance with the agreed WSI, which shall include a statement of significance and research objectives; and:

a) The programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works; b) The programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting material. This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the WSI.

Reason: To ensure the appropriate recording and/or conservation of any archaeological remains affected by the development in accordance with: Paragraph 141 of the National Planning Policy Framework; Policy CS19 of the Milton Keynes Core Strategy 2013 and Saved Policy HE1 of the Milton Keynes Local Plan 2001-2011.

4. Prior to the commencement of the development hereby permitted a detailed design, and associated management and maintenance plan, for a foul and surface water drainage scheme, based on sustainable drainage principles for the site shall be submitted to and be approved in writing by the local planning authority. The management and maintenance plan shall include a detailed time table for the implementation of the foul and surface water drainage scheme. The approved drainage scheme shall subsequently be implemented in accordance with the approved detailed design and in accordance with the approved time table for implementation and be retained thereafter.

Reason: To ensure satisfactory and sustainable foul and surface water drainage to prevent the increased risk of contamination and flooding on or off site in accordance with Policy CS13 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and D4 of the Milton Keynes Local Plan 2001-2011.

5. Prior to the commencement of the development details of the estate roads and footways shall be submitted to and be approved in writing by the Local Planning Authority. No dwelling shall be occupied until the estate roads and footways which provide access to it from the existing highway have been laid out and constructed in accordance with the approved details. The estate road and footways so laid out shall be retained thereafter.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the development in accordance with Saved Policy T10 of the Milton Keynes Local Plan 2001-2011.

6. Prior to the initial occupation of the development the access shown in the approved drawings shall be laid out to a gradient of 1 in 14 for a minimum distance of 5 metres beyond the edge of the carriageway and shall be retained as laid out thereafter.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the access in accordance with Saved Policy T10 of the Milton Keynes Local Plan 2001-2011.

7. Prior to the commencement of the development hereby permitted the visibility splays shown on the approved drawings shall be provided on both sides of the access and the area contained within the splays shall be kept free of any obstruction exceeding 0.6m in height above the nearside channel level of the carriageway thereafter.

Reason: To provide adequate intervisibility between the access and the existing public highway for the safety and convenience of users of the highway and of the access in accordance with Saved Policy T10 of the Milton Keynes Local Plan 2001-2011.

8. Prior to the initial occupation of the development the means of access shall be altered in accordance with the approved drawing and constructed in accordance with Milton Keynes Council’s guide note “Residential Vehicle Crossing Details” and shall be retained as altered thereafter .

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of access in accordance with Saved Policy T10 Milton Keynes Local Plan 2001-2011

9. Prior to the first occupation of the development hereby permitted the proposed bicycle parking shown in the approved drawings shall be provided and be retained thereafter.

Reason: To ensure that adequate parking facilities are provided to serve the development in accordance with Saved Policy T15 of the Milton Keynes Local Plan 2001-2011.

10. Prior to the occupation of the development hereby permitted the car parking area shown on the approved drawings shall be constructed, surfaced and permanently marked out. The car parking area so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose thereafter.

Reason: To ensure adequate parking provision at all times so that the development does not prejudice the free flow of traffic or the safety on the neighbouring highway in accordance with Saved Policy T15 of the Milton Keynes Local Plan 2001-2011.

11. No development, including any works of demolition, shall take place until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include site procedures to be adopted during the course of construction including:

 routes for construction traffic  Method of prevention of mud being carried onto the highway  location of site compound  loading and unloading of plant and materials  the erection and maintenance of security fencing/hoardings and lighting  proposed temporary traffic restrictions  parking of vehicles of site operatives and visitors

The development shall be carried out in full accordance with the approved CEMP.

Reason: To ensure there are adequate mitigation measures in place, in the interests of highway and pedestrian safety and in order to protect the amenities of existing and future residents in accordance with Policy CS13 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and T10 of the Milton Keynes Local Plan 2001-2011.

12. Prior to any development taking place, the developer shall carry out an assessment of ground conditions to determine the likelihood of any ground, groundwater or gas contamination of the site.

The results of this survey detailing the nature and extent of any contamination, together with a strategy for any remedial action deemed necessary to bring the site to a condition suitable for its intended use, shall be submitted to and approved by the Local Planning Authority before construction works commence.

Any ground contamination remedial works shall be carried out in accordance with the approved strategy and validated by submission of an appropriate verification report prior to first occupation of the development.

Reason: To ensure that the site is fit for its proposed purposed and any potential risks to human health, property, and the natural and historical

environment, are appropriately investigated and minimised in accordance with Saved Policy D1 of the Milton Keynes Local Plan 2001-2011.

13. Should any unforeseen contamination be encountered the Local Planning Authority shall be informed immediately. Any additional site investigation and remedial work that is required as a result of unforeseen contamination will also be carried out to the written satisfaction of the Local Planning Authority.

Reason: To ensure that the site is fit for its proposed purposed and any potential risks to human health, property, and the natural and historical environment, are appropriately investigated and minimised in accordance with Saved Policy D1 of the Milton Keynes Local Plan 2001-2011.

14. Prior to the commencement of the development hereby permitted a Tree Survey Report, Arboricultural Impact Assessment and Tree Constraints Plan to BS 5837 and Tree Protection Scheme shall be submitted to, and approved in writing by, the Local Planning Authority.

The schemes shall include a scale plan accurately marking the position of retained trees, the extent of root protection areas and the tree protection fencing along with the root protection area margin. Proposed and existing spot levels shall be shown in sufficient numbers and at appropriate spacing to enable the impact of level changes on the root zones to be assessed. Layout of hard-works shall be adjusted as necessary to accommodate the root protection areas without root damage.

The scheme shall be implemented in full prior to the commencement of works and retained on site until development in that area has been completed

Reason: To ensure that all trees and hedgerow have been properly assessed on site before removal so that appropriate mitigation planting can be proposed, and to ensure the protection of any tress to be retained can be properly proposed in accordance with Saved Policies D1 and D2A of the Milton Keynes Local Plan 2001-2011.

15. For any phase or part of the development details of the finished floor levels and finished ground levels in relation to existing surrounding ground levels shall be submitted to the local authority and agreed by the local planning authority. Development for that phase or part shall be undertaken in accordance with the approved levels.

Reason: To ensure that construction is carried out at suitable levels having regard to drainage, access, the appearance of the development and the amenities of neighbouring properties in accordance with Policy CS13 of the

Milton Keynes Core Strategy 2013 and Saved Policy of the Milton Keynes Local Plan 2001-2011.

16. No development shall commence on any phase or part of the development until details of the landscape scheme including boundary treatment for that phase or part has been submitted to and approved in writing by the local planning authority. It shall include provision for the planting of trees and shrubs including native species and those beneficial to wildlife for each phase or part of the development. The scheme shall show the numbers, types and sizes of trees and shrubs to be planted and their location. All planting shall be carried out in accordance with the scheme and shall be carried out within 12 months of the commencement of the development or each phase or part of it. Any trees removed, dying, severely damaged or diseased within two years of planting shall be replaced in the next planting season with trees or shrubs of a similar size and species.

Reason: To propose appropriate mitigation for any loss of biodiversity, to improve landscape character and to minimise the effect of development on the area in accordance with Policies CS13 and CS19 of the Milton Keynes Core Strategy 2013 and Saved Policy D1 of the Milton Keynes Local Plan 2001-2011.

17. Prior to the commencement of development above slab level, a Landscape and Ecology Management and Mitigation Plan, to include a biodiversity enhancement scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details and locations of any bird boxes and bat tubes to be incorporated into buildings, landscape planting, hedgehog passes, lighting and all other biodiversity enhancement features within the site. The approved scheme shall be implemented in full prior to the occupation of the development and appropriately maintained thereafter

Reason: To achieve compensation for the loss of habitats and biodiversity enhancements in accordance with NPPF and in accordance with Saved Policy NE2 and NE3 of the Milton Keynes Local Plan 2001-2011. . 18. Prior to the installation of any external lighting, a lighting scheme shall be submitted to and approved in writing by the Local Planning Authority if surveys show bats are using the site or bat features are provided as mitigation or biodiversity enhancements.

The scheme shall be carried out in full accordance with the approved details.

Reason: To protect habitats and species protected by Law in accordance in accordance with Saved Policy NE2 of the Milton Keynes Local Plan 2001-2011.

19. Updated ecology reports shall be undertaken and submitted to the Local Planning Authority for approval if the development has not commenced prior to 29th February 2020.

Reason: To protect habitats and species protected by law in accordance with in accordance with Saved Policy NE2 of the Milton Keynes Local Plan 2001-2011.

20. Prior to the first occupation of the development, a scheme for the location, position and implementation of the solar photovoltaic panels in accordance with the submitted Sustainability Statement shall be submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented in full in accordance with the approved details.

Reason: In order to provide renewable energy sources on site in accordance with Saved Policies D4 of the Milton Keynes Local Plan 2001-2011

7.2 It is recommended that the following informative be applied when granting planning permission:

Highways Agreements The proposed development includes works on or adjacent to the public highway and as such the applicant will be asked to enter into a Section 278 (Highways Act 1980) legal agreement. The applicant is advised to contact the Highway Traffic Schemes and Road Adoptions Manager (Mrs L Smart 01908 254561) at the earliest opportunity to discuss the requirements of the S38 Agreement.

Considerations in relation to gas pipeline/s identified on site:

Cadent have identified operational gas apparatus within the application site boundary. This may include a legal interest (easements or wayleaves) in the land which restricts activity in proximity to Cadent assets in private land. The Applicant must ensure that proposed works do not infringe on Cadent’s legal rights and any details of such restrictions should be obtained from the landowner in the first instance.

If buildings or structures are proposed directly above the gas apparatus then development should only take place following a diversion of this apparatus. The Applicant should contact Cadent’s Plant Protection Team at the earliest opportunity to discuss proposed diversions of apparatus to avoid any unnecessary delays.

If any construction traffic is likely to cross a Cadent pipeline then the Applicant must contact Cadent’s Plant Protection Team to see if any protection measures are required.

All developers are required to contact Cadent’s Plant Protection Team for approval before carrying out any works on site and ensuring requirements are adhered to.

Email: [email protected] Tel: 0800 688 588

Appendix to 18/00724/FUL

A1.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site – this may not include every planning application relating to this site, only those that have a bearing on this particular case)

13/00632/EIASCR Screening opinion request for the installation of one wind turbine EIANRQ 03.05.2013

13/01925/FUL Installation of a single wind turbine with a maximum tip height of 67 metres (hub height of 40 metres and rotor diameter of 54 metres) REF 10.10.2014

17/01486/FUL Demolition of Equestrian Centre and erection of 14 dwellings with associated works WDN 30.10.2017.

However, the following large developments in Hanslope are considered to be material planning considerations in the determination of the current proposal:

Land at Long Street Road, Hanslope

16/02937/OUT - The development proposed is the erection of up to 141 dwellings. Allowed at appeal on 5th March 2018.

18/01608/REM - Reserved matters application pursuant to outline planning permission 16/02937/OUT Submitted

Castlethorpe Road, Hanslope

16/02106/OUT - Outline application (all matters reserved except access) for residential development of up to 150 dwellings, estate road, open space and associated works. Granted planning permission on 14.12.2017.

17/03385/REM - Approval of reserved matters of appearance, landscaping, layout and scale for the erection of 150 dwellings, including associated works, pursuant to outline permission 16/02106/OUT. Granted 22.03.2018

18/01625/OUT - Outline application (all matters reserved except access) for up to 50 dwellings, including 34% affordable dwellings, surface water attenuation, open space, landscaping and associated highway works. Submitted

A2.0 ADDITIONAL MATTERS (Matters which were also considered in producing the Recommendation)

None

A3.0 CONSULTATIONS AND REPRESENTATIONS

(Who has been consulted on the application and the responses received. The following are a brief description of the comments made. The full comments can be read via the Council’s web site)

A3.1 Hanslope Parish Council

“For Clarity, the views of the Parish Council have not changed with regard to development on this land. Whilst they appear to have addressed our concerns regarding the density of the development, the following comments were made and still stand: • As you are no doubt aware Hanslope has been subject to several significant development applications being approved. • The cumulative effect of thesedevelopment will put Hanslope under significant pressure. Local amenities will be under significant pressure. • • Hanslope does not need any more houses, whilst preparing the Neighbourhood Development Plan we have identified that Hanslope needs more business / industrial units to support the significant growth in the village population about to hit Hanslope. • • Although it has been run down in recent years, the Centre was a significant village amenity Finally, we would like to express concern about the potential risk of flooding to the local roads.”

A3.2 Castlethorpe Parish Council

“Castlethorpe Parish Council objects to this application: The site is outside the settlement boundary and therefore the application is not in accordance with S.10. Although it is understood that MKC's Housing Land Supply is not sufficiently in place, Hanslope has been subjected to large scale permissions from other applications and nothing more should be approved until local facilities that are also used by the villagers of Castlethorpe are improved.”

A3.3 MKC Highways

1st response: Object to the planning application for the following reasons: visitor parking does not meet standards; traffic calming required between the access and plot 39; amendments required to the street width and layout; refuse vehicle tracking

required; concern regarding assessment of the speeds on Castlethorpe Road; considers that the footpath proposed on the east side of Castlethorpe Road does not provide safe connectivity to the village, and that a footpath on the west side should be proposed.

2nd response: Reiterated need for footpath on west side of Castlethorpe Road; speeds along Castlethorpe Road requiring traffic calming around the access; queried access issues relating to the cross country course.

3rd response: Objection removed. Allocated, unallocated and cycle parking now considered acceptable; refuse vehicle tracking acceptable. Additionally, in relation to offsite works “the works will provide reinforcement to the existing village Gateway feature and a 2m wide footway from the application site to Cuckoo Hill Rise where it will link to the existing footway. This will provide a continuous segregated footway from the development into the centre of Hanslope and overcome site sustainability issues from the highway perspective. The works will be included as a S278 package but should be included within any S106 planning agreement for the site.”

Conditions requested for details of estate roads and footpaths; securing the access improvements; securing visibility splays; securing cycle parking and vehicle parking.

A3.4 MKC Urban Design

“I only have a few concerns with the proposed layout when looked at in isolation. However, when the site is viewed within its wider context I have concerns regarding the lack of integration with the existing village and the lack of open space on an isolated development of a comparatively high density outside the village boundary.

Whilst the proposed layout is broadly acceptable. I would encourage the applicant to make the following amendments.

• The layout lacks the necessary connections to the surrounding public footpaths which could form future connections to the village if there is further expansion in the future. • As the development is separated from the village I would expect some public open space. • A materials plan should be submitted. The dominant materials should be red brick and local limestone in order to integrate the materials with the rest of the village.

• Measures need to be in place to ensure the retention of the existing hedges that surround the site. They act as an important interface between the proposed development and open countryside. They should not be placed in private ownership where there may be a desire to remove the hedges to increase the size of the gardens or expose view of the countryside from the dwellings.”

A3.5 MKC Landscape Architect

Objects to the application as the site is within he Open Countryside. Considers that a tree survey report, Arboricultural Impact Assessment and Tree Constraints Plan should be submitted prior to determination. Considers that the site should be better connected to PRoW to improve access to the countryside and that on site open play space should be provided. Requests conditions for landscape scheme, Landscape and Ecology Management Plan; materials to take into account local character; tree protection and ground levels.

A3.6 MKC Archaeology

“The site and surrounding area is not well investigated archaeologically, though recent investigations in and around both Hanslope and Castlethorpe have demonstrated the potential for Iron Age and Romano-British settlement in areas outside the historic cores of both villages. As such it would seem reasonable in my view to request an archaeological field evaluation of the site to identify any areas of significant buried archaeological remains with a view to securing appropriate mitigation.”

A3.7 MKC Countryside Officer

1st response:

Considered that the Phase 1 Ecology report needed updating with evidence of surveys for Great Crested Newt, and recommended conditions for Biodiversity Enhancement, Hedgerow Management and Lighting Scheme.

2nd response: “Issues previously made relating to protected species have been addressed in the updated PEA. There are no outstanding issues relating to Great Crested Newts and no further surveys will be required in the short term. However, many wildlife species are highly mobile and habitats change over time, therefore ecological surveys are considered to have a shelf life of 2 years. An updated PEA will be required if development has not commenced by February 2020.

The PEA makes recommendations in chapter 6 to avoid harm and mitigate for any loss to species and habitats. All recommendations for avoidance should be

implemented either prior or during development of the site. All recommendations for compensatory measures and biodiversity enhancements should be incorporated into a biodiversity enhancement scheme and submitted to the LPA for approval.”

A3.8 MKC Scientific Officer (Environmental Protection)

Requested standard contamination conditions for the site as the proposed use is particularly vulnerable to the presence of contamination.

A3.9 Lead Local Flood Authority

Considers that further information is required regarding the drainage strategy and requests a pre-commencement condition for a surface water drainage scheme.

A3.10 Anglian Water

Considers that the development will lead to an unacceptable risk of flooding downstream. Requests condition for foul water drainage strategy to ensure mitigation measures are implemented.

A3.11 MKC Rights of Way

“Hanslope Footpath 52 requires a diversion, but the full length of that footpath must be considered when making the application. If the full length of that footpath is not to be diverted then the route must be open and useable by the public.

Hanslope Footpath 53 requires a diversion. I would support a diversion into the adjacent field to the south.”

A3.12 MKC Housing Development

“The Affordable Housing mix of 12 2bed houses & 3 3bed houses is in line with current housing need. I assume that all housing designated HA is for rent except where identified as SO (Shared Ownership) so 13 Affordable Rent & 2 Shared Ownership also is in line with need and policy.”

A3.13 Cadent Pipeline

Noted the operational gas apparatus within the site boundary and requested an informative be applied to the decision notice.

A3.14 Ramblers

“The site plans do not appear to show the public rights of way in the vicinity of the proposal, but it looks as though footpath Hanslope / 053 will be affected, and footpaths Hanslope / 052 and Hanslope / 011 may be affected. These footpath provide links to other rights of way in the area and should be retained. I cannot comment further without more details of the proposals.”

A3.15 Ward - Newport Pagnell North And Hanslope - Cllr A Geary

No representations were received at the time of writing this report.

A3.16 Ward - Newport Pagnell North And Hanslope - Cllr Green

No representations were received at the time of writing this report.

A3.17 Neighbour/Third party Representations

Comments have been received from 7 neighbouring properties, the material planning considerations are summarised below:

 Loss of privacy  Visually overbearing  Inappropriate volume for this part of the village  Design out of keeping with neighbouring properties  Density too high  Inadequate local infrastructure  Outside the village boundary  Concern over increased traffic on Castlethorpe Road  Contrary to Neighbourhood Plan  Loss of community facility  Not enough capacity in local school, GP surgery  Biodiversity/wildlife enhancements needed  Concern over lack of green space within the development  Concern over implementation of renewable energy strategy  Concern over the accuracy of the transport statement  Concern over loss of access to the cross-country course and proposed alternative access  Concern regarding flooding on Castlethorpe Road being exacerbated by the development  Other brownfield site redevelopment would be more appropriate

 Considers that the lack of 5 Year Housing Land Supply should not mean that all other policies are not considered, and that the local plan policies still carry weight in the determination.