Local Development Framework Allocations Plan Pre-Publication Draft

Forest of Dean - Local Development Framework Allocations Plan Pre-Publication Draft – July 2014 Land at Beachley Road, Sedbury / Tutshill September 2014 Forest of Dean - Local Development Framework Allocations Plan Pre-Publication Draft – July 2014 Land at Beachley Road, Sedbury / Tutshill Project Ref: W:\17000\17109\A5 W:\17000\17109\A5 Reports & Reports & Graphics\Reports Graphics\Reports Status: Draft Final Issue/Rev: 01 02 Date: 9th September 2014 15th September 2014 Prepared by: Cai Parry Cai Parry Checked by: Pete Sulley Pete Sulley Barton Willmore Greyfriars House Greyfriars Road Cardiff CF10 3AL Tel: 029 2066 0910 Ref: 17109/A5/CP/gp Fax: 029 2066 0911 Date: September 2014 E-mail: [email protected] COPYRIGHT The contents of this document must not be copied or reproduced in whole or in part without the written consent of Barton Willmore Planning LLP. All Barton Willmore stationery is produced using recycled or FSC paper and vegetable oil based inks. CONTENTS PAGE 1.0 Introduction 1 2.0 Site and Surroundings 5 3.0 Compliance with NPPF and PPG 7 4.0 Land at Beachley Road, Sedbury 16 5.0 Conclusions 23 APPENDICES APPENDIX 1 Site Location Plan APPENDIX 2 Illustrative Masterplan APPENDIX 3 Proposed Allocations Plan extract APPENDIX 4 Assessment of sites contained within Council’s Housing Land Supply APPENDIX 5 Landscape and Visual Appraisal Key Facts Sheet: Land adjoining A48 and Bigstone Meadow, Tutshill APPENDIX 6 Allocations Plan Site Appraisal - Land adjoining A48 and Bigstone Meadow, Tutshill APPENDIX 7 Landscape and Visual Appraisal Key Facts Sheet: Land at The Elms, Sedbury Lane, Sedbury APPENDIX 8 Allocations Plan Site Appraisal - Land at The Elms, Sedbury Lane, Sedbury APPENDIX 9 Allocations Plan Site Appraisal - Land at Beachley Road, Sedbury Introduction 1.0 INTRODUCTION 1.1 These representations have been prepared by Barton Willmore on behalf of Barratt Homes. These representations are in relation to the Allocations Plan Pre Publication Draft, 21st July 2014 (hereinafter referred to as the ‘Allocations Plan’) and they set out the merits of allocating Land at Beachley Road, Sedbury (hereinafter referred to as the ‘site’) for residential development for approximately 110 homes, in the Allocations Plan. Appendix 1 contains a Site Location Plan and Appendix 2 contains an Illustrative Masterplan demonstrating how up to 110 homes could be delivered. 1.2 This Illustrative Masterplan was submitted with an outline planning application for “up to 110 homes (with all matters reserved except for access), public open space, landscaping, highways improvements and associated engineering works” (P1792/13/OUT which was submitted in December 2013). Officers recommended approval of the scheme to Planning Committee in April 2014 and May 2014, with no technical objections raised, subject to conditions and a Section 106 Agreement which Barratt Homes finds acceptable. Notwithstanding the above, Members resolved to refuse the planning application, as set out below within the sole reason for refusal: “The development of this prominent site on high ground, unallocated for development and outside the recognised confines of the settlement, would represent a substantial extension of the built up area and a significant visual intrusion into the open countryside, and severely diminishing its value as a green wedge separating the two parts of the settlement. These adverse impacts would significantly and demonstrably outweigh the benefits arising from the proposed development, including any contribution to the five year land supply, and result in development contrary to Policies CSP.1, CSP.4 and CSP.5 of the Core Strategy.” 1.3 Barratt Homes has lodged an appeal against the Council’s decision (Appeal Ref: APP/P1615/A/14/2220590) and this is due to commence on the 30th September 2014. These representations therefore also effectively summarise Barratt Homes’ position in relation to the above appeal. 1.4 In addition, the site that is subject to these representations was proposed to be allocated for residential development of approximately 110 homes by Officers within the Allocations Plan, and this was accepted by Members at Cabinet in April 2013 and Full Council in May 2013 (proposed Allocations Plan extract attached at Appendix 3). The 17109/A5/CP Page 1 September 2014 Introduction proposed allocation has subsequently been removed from the Draft Allocations Plan as a result of the Planning Committee’s refusal in May 2014, and has been replaced by two alternative sites (AP89 Land adjoining A48 and Bigstone Meadow, Tutshill and AP90 Land at The Elms, Sedbury Lane, Sedbury) which Officers have previously considered to be not as appropriate as Land at Beachley Road. This will be demonstrated later in these representations. 1.5 Finally, the Forest of Dean Council adopted its Core Strategy in February 2012. The Core Strategy sets out the need to deliver 6,200 homes over the Plan period 2006 to 2026. This figure was based upon Appendix A (ii) of the Draft South West Regional Spatial Strategy Examination in Public Panel Report (April 2007) (Draft SWRSS EIP) which identified that the Forest of Dean needed to deliver 6,200 homes during the RSS Plan period 2006 – 2026. It is evident from this RSS Panel Report that the 2003 DCLG household projections identified a need for 8,272 dwellings over the Plan period from 2006 to 2026. It is evident therefore that the figure of 6,200 is a constrained requirement figure, which is contrary to the NPPG and of significance in light of the Hunston Court case and the abolition of the RS (and draft). 1.6 Put simply, the figure of 6,200 homes is therefore not based upon objectively assessed needs, as required by paragraph 47 of the NPPF. The Core Strategy, which was prepared before the publication of the NPPF, is therefore not in parallel with the NPPF in this regard. Specifically, the Core Strategy is not based upon the presumption in favour of sustainable development, as set out within paragraph 14 of the NPPF. 1.7 The Core Strategy identifies the need for “about 111” new homes at Sedbury/Tutshill under Policy CSP 5 throughout the Plan period 2006 - 2026. It must be noted that “about 111” homes is obviously an approximate figure. Moreover, it is a figure identified well before the publication of the NPPF and in particular the instruction in paragraph 47 of the NPPF seeks “To boost significantly the supply of housing…” and paragraph 4 (Reference ID: 2a-004-20140306) of the PPG, which seeks to ensure that “Plan makers should not apply constraints to the overall assessment of need”. The need to boost significantly the supply of housing applies to both market and affordable housing. 1.8 Therefore, it does not follow that either 6,200 homes or “about 111” homes are maximum figures, i.e. such housing figures are not ceilings and the imposition of such “ceilings” would be inconsistent with the NPPF. 1.9 These representations therefore need to be considered within the context of all of the above matters. 17109/A5/CP Page 2 September 2014 Introduction 1.10 This document is therefore set out as follows: • Section 1.0 introduces these representations, setting out the most recent planning history on the site and the current development plan position, as contained within the Forest of Dean Core Strategy (adopted February 2012) and showing regard to the National Planning Policy Framework (NPPF) and Planning Practice Guidance (PPG); • Section 2.0 briefly describes the site and surroundings, including the status of the settlement of Tutshill/Sedbury within the Core Strategy, to provide a context within which to consider these representations to the Allocations Plan; • Section 3.0 considers the NPPF and legislation that the Allocations Plan is required to comply with before considering a number of the proposed allocations within the Allocations Plan (based upon the more detailed analysis contained within Appendix 4 and with a particular emphasis on the two alternative proposed allocations within Sedbury/Tutshill), against the NPPF (most notably paragraphs 14, 47 (including footnote 11) and 182) and PPG (most notably paragraph 31 of the ‘Housing and Economic Land Availability Assessment’ section); • Section 4.0 then turns to assess Land at Beachley Road, Sedbury; and • Section 5.0 provides conclusions to the above sections, and demonstrates why the Allocations Plan is not sound and therefore fails the tests set out within paragraph 182 of the NPPF. 1.11 Based on the above, these representations set out how the Allocations Plan is not sound in accordance with paragraph 182 of the NPPF and that Land at Beachley Road should be allocated for residential development in order for the Plan to be considered sound, in accordance with the key policies of the National Planning Policy Framework. 1.12 In particular, it will be demonstrated that the Allocations Plan does not provide a robust housing trajectory to meet the tests set out in paragraph 47 over the different periods, and therefore the Plan is not sound. 1.13 In addition, robust, up to date evidence has not informed the allocations nor has any robust, up to date evidence been provided to demonstrate that the allocations will be delivered over the Plan period, particularly in the first five years. The allocations are therefore not effective in accordance with paragraph 182 of the NPPF. 1.14 Further, the allocations are not deliverable in accordance with footnote 11 of the NPPF, and the Plan is therefore not sound for these reasons. 17109/A5/CP Page 3 September 2014 Introduction 1.15 The allocations have not been based upon the Council’s own evidence base, particularly in relation to the proposed new ‘alternative’ residential allocations in Sedbury/Tutshill, therefore the allocations are not justified in accordance with paragraph 182 of the NPPF.

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