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Case Officer The Ordnance Survey map data included within this publication is provided by Colchester Borough Council of Rowan House, 33 Sheepen Road, Colchester CO3 3WG under licence from the Ordnance Survey in order to fulfil its public function to act as a planning authority. Persons viewing this mapping should contact Ordnance Survey copyright for advice where they wish to licence Ordnance Survey map data for their own use. This map is reproduced from Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller Of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Crown Copyright 100023706 2017 Item No: 7.1 Application: 201236 Applicant: Ms S Harrison Agent: Mr Roger Hayward, Fenn Wright Proposal: Outline application for the erection of up to 49 houses and associated highway works. Location: Hall Road, Copford, Colchester Ward: Marks Tey & Layer Officer: James Ryan Recommendation: Approval 1.0 Reason for Referral to the Planning Committee 1.1 This application is referred to the Planning Committee because the application is a departure from the adopted local plan and it is a major application where a legal agreement will be required. 2.0 Synopsis 2.1 The key issues for consideration is the principle of the development on a site that is outside of the defined development boundary in the adopted Local Plan but allocated for development in the in the Emerging Local Plan. The highway implications of the scheme are also key as access is a matter for consideration now. 2.2 The application is subsequently recommended for approval subject to conditions. 3.0 Site Description and Context 3.1 The site, approximately 2ha, is situated to the east of the village of Copford and comprises agricultural land currently under arable production. The area, which is irregular in shape but broadly square, sits behind existing dwellings which front onto the London Road and lies to the west of Hall Road. A public right of way runs along the western boundary. 3.2 The site is bounded by existing dwellings to the north, north east and north west, whilst the southern aspect is open to adjoining arable land. 4.0 Description of the Proposal 4.1 Outline planning approval is sought for the erection of up to 49 houses and associated highway works. All matters apart from access are reserved for future consideration, those being Layout, Landscaping, Appearance and Scale. 5.0 Land Use Allocation 5.1 Agricultural Land 6.0 Relevant Planning History 6.1 None DC0901MWeV9.3 7.0 Principal Policies 7.1 Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. The National Planning Policy Framework (NPPF) must be taken into account in planning decisions and is a material consideration, setting out national planning policy. Colchester’s Development Plan is in accordance with these national policies and is made up of several documents as follows below. 7.2 The adopted Colchester Borough Core Strategy (adopted 2008, reviewed 2014) contains local strategic policies. Particular to this application, the following policies are most relevant: SD1 - Sustainable Development Locations SD2 - Delivering Facilities and Infrastructure H1 - Housing Delivery H2 - Housing Density H3 - Housing Diversity H4 - Affordable Housing UR2 - Built Design and Character PR1 - Open Space PR2 - People-friendly Streets TA1 - Accessibility and Changing Travel Behaviour TA2 - Walking and Cycling TA3 - Public Transport TA4 - Roads and Traffic TA5 - Parking ENV1 - Environment ENV2 - Rural Communities ER1 - Energy, Resources, Waste, Water and Recycling 7.3 The adopted Colchester Borough Development Policies (adopted 2010, reviewed 2014) sets out policies that apply to new development. Specific to this application are policies: DP1 Design and Amenity DP2 Health Assessments DP3 Planning Obligations and the Community Infrastructure Levy DP4 Community Facilities DP12 Dwelling Standards DP14 Historic Environment Assets DP16 Private Amenity Space and Open Space Provision for New Residential Development DP17 Accessibility and Access DP18 Transport Infrastructure Proposals DP19 Parking Standards DP20 Flood Risk and Management of Surface Water Drainage DP21 Nature Conservation and Protected Lanes DP25 Renewable Energy DC0901MWeV9.3 7.4 Some “allocated sites” also have specific policies applicable to them. The adopted Site Allocations (adopted 2010) policies should be taken into account in the decision making process. This site is not allocated in the adopted local plan. 7.5 The area does not have a Neighbourhood Plan. 7.6 Submission Colchester Borough Local Plan 2017-2033: The Council is developing a new Local Plan that has been submitted to the Planning Inspectorate for examination (October 2017). In particular emerging policy SS4 is relevant and this will discussed in the main body of the report. An Inspector has been appointed and the formal examination commenced in January 2018. The examination is ongoing. Paragraph 48 of the Framework states that decision makers may give weight to relevant policies in emerging plans according to: 1. The stage of preparation of the emerging plan; 2 The extent to which there are unresolved objections to relevant policies in the emerging plan; and 3 The degree of consistency of relevant policies to the policies in the Framework. The Emerging Local Plan is at an advanced stage and is, therefore, considered to carry some weight in the consideration of the application, but as it is yet to undergo a full and final examination, it is not considered to outweigh the material considerations assessed above in accordance with up-to-date planning policies and the NPPF. 7.7 Regard should also be given to the following adopted Supplementary Planning Documents (SPD): The Essex Design Guide External Materials in New Developments EPOA Vehicle Parking Standards Affordable Housing Community Facilities Open Space, Sport and Recreation Sustainable Construction Cycling Delivery Strategy Sustainable Drainage Systems Design Guide Street Services Delivery Strategy Planning for Broadband 2016 Managing Archaeology in Development. Developing a Landscape for the Future ECC’s Development & Public Rights of Way Planning Out Crime Air Quality Management Guidance Note, Areas & Order DC0901MWeV9.3 8.0 Consultations 8.1 The stakeholders who have been consulted and who have given consultation responses are as set out below. More information may be set out on our website. 8.2 Anglian Water No objection raised, informatives requested. 8.3 Archaeology A trial-trenched evaluation was undertaken of this proposed development site in 2016 by Archaeology South-East (HER Event no. ECC3878; ASE Report 2016371) and this followed a geophysical survey (HER Event no. ECC3882). Below-ground archaeological remains dating to the Iron Age period were defined by this work. Groundworks relating to any development have the potential to disturb and damage any archaeological remains. There are no grounds to consider refusal of permission in order to achieve preservation in situ of any important heritage assets. However, in accordance with the National Planning Policy Framework (Paragraph 199), any permission granted should be the subject of a planning condition to record and advance understanding of the significance of any heritage asset before it is damaged or destroyed. 8.4 Cadent Gas No objection. 8.5 Contaminated Land It has been concluded that the site could be redeveloped for the proposed residential use, with the requirement for gas mitigation measures still to be subject to further investigation/monitoring. Based on all the information provided to date, this conclusion would appear reasonable. It would appear that this site could be made suitable for the proposed residential use, with the recommended ground gas risk assessment and any necessary mitigation measures addressed by way of planning condition(s). 8.6 Environmental Protection No objection, conditions requested. 8.7 Environment Agency No comment received. DC0901MWeV9.3 8.8 Essex Police The published documents have been studied and, unfortunately, do not provide sufficient detail to allow an informed decision. Essex Police would recommend the applicant incorporate Crime Prevention through Environmental Design and apply for nationally acknowledge and police recommended Secure By Design accreditation. (Officer note: This can be secured through the reserved matters applications) 8.9 Historic Buildings and Areas No objection to the scheme but noted that scheme will cause less than substantial harm to the setting of the Grade ii Listed Brewers Cottage and at reserved matters stage this needs to be taken into consideration. The indicative layout is not acceptable in this respect. (Officer note: The layout is a reserved matter and mitigation can be secured through the detailed layout) 8.10 Landscape Advisor No objection in principle but design changes are needed at reserved matters stage. 8.11 LLFA Having reviewed the Flood Risk Assessment and the associated documents which accompanied the planning application, we do not object to the granting of planning permission subject to conditions. 8.12 Natural England No objection subject to securing RAMS contribution if required by the LPA’s Appropriate Assessment. 8.13 North Essex Badger Group I have read through the Ecological Assessment and would point out that there are several badger locations
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