RETIREMENT LIVING MADE BETTER
Proposed Retirement Village Cole Green Way, Hertford
Planning Statement
Woodlands Retirement Village
RETIREMENT LIVING MADE BETTER Retirement Living Made Better
The Vision seeks to:
Achieve a new sustainable development that is tailored to the particular and distinctive circumstances of Hertford.
Meet an identified need for additional high dependency retirement accommodation to ensure Hertford obtains a position as a centre of excellence for the ageing population within the region.
Promote a compact development of traditionally-inspired character, that is well connected with the existing townscape setting of Hertford.
Brickfields Cole Green Way
CONTENTS
1. Summary 2
2. Scope 3
3. Site and Surrounding Area 5
4. Form of Planning Application 8
5. Planning Policy Context 11
6. Planning Assessment 15
7. Material Planning Considerations 16
8. Housing Need Supply 18
9. Conclusion 19
Appendices
A. Site Location Plan 21
WRVL Ref: HERT 1006/6
LPA Ref: Office Address Orion House Bessemer Road Welwyn Garden City Herts AL7 1HE
Telephone: 0845 003 6834
Date of Issue: May 2016
Planning Statement May 2016...... Page 1 Brickfields Cole Green Way
1 Summary
Background
1.1 This revised application seeks to address the reasons for refusal by East Herts District Council as set out in the decision notice dated 16th September 2015 (App.ref 3/14/2132/0P )
1. The proposals constitute inappropriate development within the Metropolitan Green Belt and are therefore, by definition, harmful to it. Other harm would also result from a loss of openness to the surrounding area; an adverse impact on the character and appearance of the area; the isolated and unsustainable location of the site and the adverse impact upon protected trees. Weight which can be attributed to the positive impacts of the development is not such that the identified harm to the Green belt and other harm is clearly outweighed. The development would thereby be contrary to policies GBC1, GBC14, SD1, ENV1, ENV2 and ENV11 of the East Herts Local Plan Second Review April 2007and national policy set out in the National Planning Policy Framework.
2. The development is likely to result in the removal of a substantial number of trees subject of a Tree Preservation Order and would cause Significant harm to the woodland character of the area, contrary to policies ENV2 and ENV11 of the East Herts Local Plan Second Review April 2007.
3. The application fails to demonstrate that a safe means of vehicular access can be provided to the application site when the access point onto Horns Mill Road is closed due to flooding. Access into and out of the site for residents and emergency vehicles would, during times of flood, be impeded to the detriment of the safety of residents. The proposal would thereby be contrary to policies ENV1 and ENV19 of the East Herts Local Plan Second Review April 2007 and the National Planning Policy Framework.
Previous application reference 3/14/2132/OP identified a safe means of access and egress as determined by NPPF
The NPPF and associated Technical Guidance describes a policy to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas at highest risk. However, where new development is by exception necessary in such areas, the policy aims to make it safe without increasing flood risk elsewhere and where possible, reducing flood risk overall.
The outputs of the Flood Risk to People project indicate that flood depths below 0.25 m and velocities below 0.5 m/s are generally considered low hazard
1.2 The Environment Agency agreed and were satisfied that the proposed raised emergency access road could be implemented without increasing the level of flood risk elsewhere and removed their earlier objections.
1.3 The Highways Authority did not want to restrict the grant of permission, subject to a legal agreement between the Highways Department, the Developer and the Operator.
1.4 However, East Hertfordshire District Council chose to speculate and veer away from the advice in the application.
1.5 This Planning Application removes the previous proposed route and replaces the access route outside of the floodplain.
1.6 The proposed access route will not require floodplain compensation.
1.7 The proposed access route will not require significant works to adversely affect the River Lea.
1.8 By removing the question of safe access to the development, the weight given to the local need for housing and specifically the proven need for market housing for the elderly will far outweigh any perceived harm to this previously developed (Brownfield) site.
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2 Scope
2.1 This Planning Statement has been prepared by Woodlands Retirement Village Ltd with specialist documentation provided by.
Tetlow King Planning Motion Transport Consultants Jon Etchells Consultancy Ian Keen Arboriculturalist Skilled Ecology SPC Property Consultants
2.2 This supporting statement sets out the analysis of relevant planning policy principles and material planning considerations which need to be considered in support of this revised outline application for a retirement village at Brickfields, Cole Green Way, Hertford
2.3 The development proposal seeks outline consent only with all matters reserved for 96 C2 units and a 80 bed care home. on Brownfield/Previously Developed Land.
2.4 This application differs from the previous application with a revised layout and access plan providing a means of safe access and egress from the site at all times.
The revised layout ensures :
Safe access and egress is provided to the development at all times.
No trees covered by the TPO are removed or harmed
The woodland is not disturbed in its present form, as such no significant harm is caused to the woodland character
The access road does not affect the ecology of the railway siding as the route only crosses the Viaduct at an existing underpass adjacent to the established Cole Green Way underpass.
2.5 The revised access route along with Hertfordshire Highways comment
The shuttle bus is an essential requirement of this development to ensure it meets current sustainable transport policy, and it should form part of the wider sustainability/accessibility measures for the site. These will be included within the approved Green Travel Plan and will be subject to ongoing monitoring of the service. The requirement for this service will be dealt with by means of a section 106 agreement, the details of which are outlined at the start of this document.
clearly demonstrates the site is in an accessible, safe and sustainable location.
2.6 Appeal decisions are material considerations and as such are relevant to this application.
In order to demonstrate that the brickfields location should not be considered remote as stated in the refusal notice. Reference is given to the appeal decision relating to the issue of remote locations.
Appeal Ref: APP/Z3825/W/15/3019480 Rusper Road, Ifield, West Sussex, RH11 0LN
The inspector stated
“ In addition, the appeal site is located approximately 2.5 km from the town centre of Crawley where there is a large range of services and facilities. I accept the views of local residents that there would still be reliance on private motor vehicles to access some services and facilities, however, I am mindful that such trips would be short.”
The Brickfields site is less than 1.5km from Hertford Town Centre and its large range of services.
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2.7 This statement will aim to justify the proposed development’s acceptance in this location having regard to Extracre Housing Needs, Care Home Needs and Housing land Supply issues of the district as well as the socio and economic benefits of the proposal.
2.8 The proposed development would be located just outside of the defined development limits of Hertford within the Hertford Castle Ward and located on Previously Developed Land (Brownfield Land) on the edge of the Green Belt. East Herts District Council is currently undertaking a review of the Green Belt boundaries..
2.9 The implications of this will be discussed in detail within this application but as a result of the existing land use designations the application is submitted as an exception to current planning policy. The rationale for this departure from the development plan is discussed in detail within this report in relation to local and national planning guidance alongside relevant planning case law.
2.10 During the assessment of this revised application, the Council should recognise that Continuing Care Retirement Communities (CCRC) are a truly unique form of housing which are clearly distinct from traditional open market and sheltered housing. The proposed development is fully in accordance with The London Commuter Belt (East) Sub- Region: Older People’s Housing Requirements Study: October 2013, which was agreed as part of the evidence base to inform and support the preparation of the District Plan, and for housing and other corporate strategy purposes.
It is also important to note that there are subtleties between this form of development and a traditional residential care home as the scheme also includes self-contained apartments. In doing so it allows greater flexibility with a care provision which can be separated from the provision of accommodation. Furthermore by providing self contained accommodation for those over the age of 55, this care can be based on an assessment of individual needs which can be more easily tailored to the individual. In all cases high levels of care would remain available with 24 hour on site staffing which would see more of a cross breed of traditional sheltered housing, open market housing and traditional residential care homes
2.11 The provision of a mix of housing types and associated care offerings ensures that there is a greater mix of residents incorporating tenants and owners with a broader age range all contributing to a more diverse form of housing than a traditional residential care home, whilst producing a sustainable form of development.
2.12 The application seeks to establish only the principle of the development with all other matters to be reserved for a future submission if hereby granted permission.
2.13 All drawings are Indicative only and are submitted to demonstrate the possible layout of the site to show the small scale of development over the whole site, with most areas remaining as woodland for amenity and public use.
2.14 The proposal would be designed to give residents the time to do what they choose, rather than what they have to do, while knowing there are people around to help if they need it. This development is unique as it is a style of living that works financially, socially and in terms of support.
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3 Site and Surrounding Area
3.1 The proposed site is on the south western edge of Hertford, around 1.5km from the town centre, with the village of Hertingfordbury around 0.8km to the west. The site occupies a roughly rectangular area of around 5ha, and the boundaries are as follows :
The Northern boundary runs alongside the Cole Green Way, which follows the route of a former railway line, and is set approximately 4.0m below levels within the site, with a post and wire fence along the crest of the cutting slope marking the site boundary
The Eastern boundary runs alongside the tall embankment (with a brick built viaduct at its North and South extensions) of the London to Hertford North railway line - this is around 10 to 12m above the surrounding land, and is a locally dominant landscape feature. There is a strained wire fence separating the site from an area of flat land at the foot of the embankment.
The Eastern part of the Southern site boundary is part of a field of pasture (Brickfields Farm) beyond that. In the centre of the Southern boundary there is an area of woodland. The Western part of the Southern boundary runs within a narrow finger of woodland extending to the west from the main part of the site
The Western boundary is marked by a low chain link fence between the site and an extensive area of glasshouses and other nursery buildings. (Terrace Wood Nursery)
3.2 The site is located in a predominantly rural area with residential properties to the North and North West. Hertingfordbury Park House lies within 50 metres of the site on the other side of the redundant railway track now referred to as part of the Cole Green Way. Hertford Town Football Club is located to the East adjacent to the public byway connecting the site with West Street.
3.3 Some 5 ha in size, the site forms an area of land historically used for the extraction of minerals, a manufacturing centre for bricks, a land fill site and pasture land.
3.4 The site was used for Clay extraction and waste landfill by F.W Berk and Co of London, gravel extraction and landfill by a local firm A Grubb and Sons, Waterhall Quarry. Local residents and landowners have used the site for gravel extraction and fly tipping
3.5 It is recorded that waste from London was regularly brought up by train and disposed of on the site. Evidence can be found on the site of waste and glass from contractors and the local brewery.
3.6 None of the buildings on site are either locally or statutorily listed for their architectural or historic merit. We have provided further information in the archaeology document included in the application
3.7 There are a number of trees within the Site of varying condition the majority are approximately 20-40 years old. a great deal of the growth is of low quality and provides limited benefit to the location. A full report on the trees has been prepared by Ian Keen Ltd and is included within the application documents along with a landscape and visual assessment report from Jon Etchells Consultancy which provides details of the management plan and new planting,
3.8 The Cole Green Way which borders the development site on its northern boundary provides facilities for the whole community. It runs from Hertford to Welwyn Garden City along the path of a former railway and caters for cyclists, horse riders and walkers. The path starts by Hertford Football Club and there are entrance and exit points at a number of locations along the way. There is also a picnic spot at the site of the former Cole Green Station. The building that was once Hertingfordbury Station survives and is now a private residence.
The Cole Green Way emerges in Welwyn Garden City just off the B195, Black Fan Road, to the East of the town, having passed under the A414.
The railway line opened in 1858 and served Hertford and Cole Green on its way to the junction at Welwyn. The line closed in 1966.
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3.9 Terrace Wood Nursery lies adjacent to the Western border of the site,. this was opened in 1926. We believe the units at the nursery are now used for small commercial operations.
3.10 General vehicular access to the property is presently via the right of way conveyed to the land, this runs from St Marys Lane in the West past Brickfield Cottages to the site entrance. This access was used during the sites previous use as a manufacturing centre for bricks.
3.11 At present there is limited public access to the application land, a Public Footpath exists on the Northern boundary of the site which runs parallel to the Cole Green Way this allows a through route from St Marys Lane to West Street. The proposed scheme would retain this public access and enhance it to include legal public access to the woodland via the new woodland paths included within the landscape strategy plan.
3.12 The site is Previously Developed Land (Brownfield land) within the definition of the National Planning Policy Framework. and the contaminated land regime, which is set out in Part 2A of the Environmental Protection Act 1990.In short redevelopment is complicated by actual or perceived environmental contamination and no provision for restoration has been made through development control procedures. Structures from previous land use are still visible and have not blended back into the landscape.
The contamination site check report prepared by Argyll Environmental Limited states the following
"The data examined in this risk assessment indicates that there may be a potential source of contamination arising from the potentially contaminative past land uses which may have significant implications. It would appear from this preliminary appraisal that there may be a potential pollutant linkage. In our opinion the property may also constitute "contaminated land" as defined by Part 2A of the Environmental Protection Act 1990"
The proposed development will enable this contaminated land to be remediated and used for a much-needed resource within the wider community.
3.13 As can be seen from the above map provided by Herts and Middlesex Wildlife Trust the site is not part of Terrace Wood or any other site of local or national importance and is separated from Terrace Wood by Brickfields Farm.
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3.14 Brickfields is not a community asset, there is no legal access to the land, with the exception of a very narrow uneven public footpath on the Northern boundary. This footpath provides a through route only from the Cole Green Way to the site boundary with Brickfields Cottages
At present any person entering the property outside the boundary of the footpath is committing trespass. It must also be considered that the mineral extraction, landfill and the industrial process of brick manufacture have left the site in a hazardous condition. The site is scarred by years of neglect and unauthorised activities have left several large extraction pits and the process areas exposed making walking in the site dangerous for both humans and wildlife.
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4 Form of Planning Application
4.1 Outline planning consent is sought for a retirement village that would consist of 96 c2 retirement dwellings and an 80 bedroom care home.
4.2 The proposed development would comprise a mixed scheme with a predominance of three storey properties (approximately 10-12m in height), ensuring that the existing views are maintained and the buildings do not detract from the existing tree line with a three storey leisure/community and nursing home building (subject to scale and design).
4.3 For clarity purposes, the overall proposals will include the following;
96 Luxury one and two bed apartments for an independent lifestyle. Assisted Living with tailored care packages available for those who need help but would like to retain their independence.
80 Care bedrooms in a state of the art nursing home with 24 hour nursing and dementia care.
Beautifully proportioned traditional style of architecture with meticulously maintained amenity woodlands.
Peace, security and a real sense of community for greater peace of mind.
Elegant restaurant and bar, relaxing lounges, shop, cafe, arts and craft room, IT room and library.
Concert and function room.
Hairdressing salon and therapy room.
Surgery.
Tailored personal and nursing Care Packages.
Fleet of luxury electric coaches for regular scheduled outings and shopping trips.
Many varied social activities in a happy relaxed environment.
Gymnasium and swimming pool.
Tennis and badminton courts.( within the masterplan layout)
Bowling green. .( within the masterplan layout
Allotment gardens.( within the masterplan layout.
Footpath and Cycle links with Councils Green infrastructure and development woodland
Communal Terraces and Barbeque areas. .( within the masterplan layout
Disabled provision in all facilities.
4.4 The site will comprise the following land uses:
Four apartment buildings facing woodland and a village green with pond and recreational areas, a separate building encompassing an 80 bed care home and all communal facilities connected by a loop road and walkways forming the new access road and pedestrian route to the Cole Green Way.;
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4.5 Service access to the buildings would be provided from a dedicated route. Servicing will be undertaken internally from the service building / care home at Ground Level.
4.6 Main site includes internal communal facilities and care services for the residential apartments and the care home. External facilities will be provided to the site within the masterplan layout.
4.7 There will be car parking adjacent and in the basement of each apartment building. and the care home Covered/uncovered cycle and buggy parking areas with charging points will be provided
4.8 Further indicative information on the design is provided in the design principles section of the Design and Access Statement.
Vehicle and Pedestrian Access
4.9 It is intended that the development will be served by two vehicular access routes the first via the creation of a simple priority controlled junction on Hornsmill Road this facility benefits from 2.4 metre x 80 metre visibility splays to the north- east and 2.4 metres x 70 metres to the south-west, which is consistent with the 30mph zone covering the access area.
The second site access will connect Hertingfordbury Road (A414) with the main spine road of the development via Mimram Road. Whilst the internal roads will remain private they will be designed to adoptable standards, and have regard to the swept path of vehicles that are likely to access the site on a regular basis, including refuse and emergency vehicles. However, as this application is outline in nature it should be noted that the internal road layout will be subject to further detailed design at the reserved matters stage.
4.10 In accordance with national and local transport planning policies, the Applicant is committed to encouraging the use of more sustainable modes of transport, and has incorporated the following sustainable transportation measures:
Car parking that is consistent with the principles of the parking standards adopted by HCC and accords with likely demands; Secure cycle parking that accord with the adopted parking standards; The provision of a shuttle bus to and from the centre of Hertford for staff and employees at the site. It is envisaged that this service will operate at regular intervals throughout the day in accordance with an operation strategy that will be agreed with HCC prior to occupation; and, A Green Framework Travel Plan that will encourage future residents and employees to use more sustainable modes of transport when travelling to work and that has been produced having regard to the outcome of pre-application discussions with HCC. A new pedestrian and cycle route from Hornsmill Road to St Andrews street following the route of the river lee, this new walkway connects with the Cole Green Way adjacent to the football club and provides connectivity to Welwyn Garden City and Hertford Town Centre. A secondary road access to the North of the site providing vehicular, pedestrian and cycle access to theA414 via Mimram Road
Public Spaces and Realm
4.11 The development will be open to the public from the existing public footpath adjacent to the Cole Green Way, there will be no public vehicular route along the new access road from Hornsmill Road.
4.12 The public will be able to walk through the woodland via new safe woodland paths shared with the residents of the development.
4.13 The proposal will provide for much needed remediation so access to the area is safe for the public and future residents.
4.14 Accordingly and in line with relevant policies contained in the NPPF, the development is considered to contribute, conserve and enhance the natural environment
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4.15 As with the previous proposals, the benefits that will be gained from the landscape management plans and the measures put into place to ensure the long term integrity of the site remain a material consideration contributing towards the very special circumstances of the case.
Illustrative Landscape Proposal
Planning History
4.16 The Brickworks date from approximately 1925, as such no planning records for this use exist. The foundations, base slabs pipework, salt pits and some buildings making up the brickworks can still be viewed. The first approved application was for a storage site with ancillary buildings ref E119-52/46.
Application 3/12/1934/0P was refused at committee on the 6th February 2013
Application 3/14/0060/0P was refused at committee on the 30th April 2014
Application 3/14/2132/OP was refused at committee on the 16th September 2015 for the reasons highlighted at the beginning of this document.
Planning Statement May 2016...... Page 10 Brickfields Cole Green Way
5 Planning Policy Context
5.1 The following Chapter outlines those aspects of planning policy relevant to the submitted planning application. This includes sources of Government Policy and Guidance, the Development Plan for the Site and other relevant local policy documents.
National Planning Policy Framework
5.2 The Government’s National Planning Policy Framework (NPPF) was adopted on 27 March 2012, which has now replaced all previous planning policy statements. Regard must therefore be given to the weighting of the NPPF now that this has been introduced.
5.3 Paragraph 14 of the NPPF states “At the heart of the new NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. This is not to say that all planning applications should automatically be granted, but this ‘presumption in favour’ is quite a significant shift in emphasis from the wording of previous planning policy statements and associated technical guidance notes.
5.4 For a period of 12 months after its production, it set out that decision makers may continue to give full weight to relevant policies adopted since 2004. This enabled full weight to be given to the policies of the existing East Herts Local Plan 2007 in determining the previous planning application on this site. However, that period of 12 months has now expired, and the NPPF now requires that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. Whilst the policies in the 2007 Local Plan are considered by EHDC largely to be consistent with the NPPF, there is a recognised deficiency in that the Local Plan does not identify adequate land to enable a five year supply of land for housing development.
5.5 The latest housing supply figures are set out in the Councils Annual Monitoring Report for the year 2014/15. Reporting on the Council’s housing supply target, the AMR makes clear that 745 dwellings per annum is considered to be a robust assessment of housing need in the district and provides an up-to-date target based on the Strategic Housing Market Assessment (SHMA) 2015
The AMR reports 503 housing completions for the monitoring year 2014/2015 - significantly fewer than the current target. Between 2011/12 and 2014/15 total completions amounted to 1,951 - falling short of the cumulative target for that.
5.6 Future housing allocations and a full 5 year's supply of housing land will be determined through the District Plan, which is to replace the 2007 Local Plan. However, the draft plan is out for public consultation. The ability to afford weight to the emerging District Plan is also addressed in the NPPF at paragraph 216, which states that:
“From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:
• the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given);
• the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given);
• the degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given).”
5.7 Given that the Council's District Plan has not been little weight can be given to its content
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5.8 Overall, at the heart of the NPPF is a presumption in favour of sustainable development „which should be seen as a golden thread running through plan-making and decision-taking
5.9 This means that “where the development plan is absent, silent, or relevant policies are out of date”, planning permission should be granted unless any adverse impacts of doing so “would significantly and demonstrably outweigh the benefits, when assessed against the policies in this framework taken as a whole, or specific policies in this framework indicate development should be restricted.”
5.10 In the case of the East Herts Local Plan, the adopted housing allocations and settlement boundaries relate to housing growth figures and allocations up to 2011, and are now considered to be out of date. Therefore in respect of the NPPF, planning permission should be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits.
5.11 At the present time, the Council is not able to demonstrate a five year supply of deliverable housing sites. Therefore, it is a benefit of this application that it would contribute to the provision of market housing.
5.12 The NPPF is clear that if a five year housing land supply is not available within a Local Authorities area, housing sites must be brought forward through either the development plan process and/or through planning applications
5.13 The NPPF framework aims to encourage new proposals that promote the principles of sustainable economic, social and environmental development. The document aims to ensure that developments which comply with the principle of sustainable development are encouraged and are not being held back or unduly restricted by the planning system.
5.14 There are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles:
An economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure.
A social role – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and
An environmental role – contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.
5.15 In planning for a mix of housing the Council is obliged to specifically consider the needs of older people using a proportionate evidence base. This is touched upon on greater detail in paragraph 158 stating that each local planning authority should ensure that the Local Plan is based on adequate, up-to-date and relevant evidence about the economic, social and environmental characteristics and prospects of the area. Local planning authorities should ensure that their assessment of and strategies for housing, employment and other uses are integrated, and that they take full account of relevant market and economic signals.
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5.16 One of the NPPF core planning principles includes making every effort to 'identify and then meet the housing, business and other development needs of an area, and respond positively to wider opportunities for growth. The 1st bullet point of NPPF paragraph 47 states that to boost significantly the supply of housing local plans 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".
5.17 To quote bullet point 6 with the introductory sentence of point 89 "A local planning authority should regard the construction of new buildings as inappropriate in the green belt. Exceptions are....(bullet point 6)...limited infilling or the partial or complete redevelopment of previously developed sites (Brownfield land) whether redundant or in continuing use which would not have a greater impact on the openness of the greenbelt and the purpose of including land within it than the existing development". This paragraph specifically authorises planning authorities to grant permission for the construction of new buildings on previously developed sites within the greenbelt without changing greenbelt boundaries.
Therefore no Brownfield site within the greenbelt needs be removed from the greenbelt in order for it to be redeveloped. It can be redeveloped within the greenbelt. Consequently there are no changes in greenbelt boundaries and no change to the defensibility of the greenbelt boundaries where Brownfield land is redeveloped.
The NPPF makes no distinction on Brownfield site section 82 bullet point 1. Brownfield sites within the greenbelt are very likely to be small, that is why the areas within which they sit are classified as greenbelt. If such sites were large scale it is likely that the area would be classed as urban.
5.18 The Campaign to Protect Rural England (CPRE) said it feared that pressure on the countryside from damaging development would grow due to "loss of emphasis on Brownfield regeneration as a result of the removal of the national Brownfield target and the failure to promote efficient use of land."
The Development Plan
5.19 East of England Plan was revoked on 3 January 2013, and PPS3 was revoked on 27 March 2012. It was replaced by the NPPF
5.20 The NPPF adopts an approach that is entirely different from the regional strategy that previously applied. It focuses on the concept of localism and distinguishes very clearly throughout between plan making by the relevant local authorities – that is the formulation of an up to date strategic local plan that carries into effect the policies contained in the NPPF and decision making by LPAs and planning inspectors.
5.21 In accordance with the Planning & Compulsory Purchase Act 2004, specific policies in the Local and Structure Plans have been 'saved'. Ultimately, these 'saved' policies will be replaced by the East Herts Local Development Framework (LDF).
5.22 Notwithstanding the requirement of the NPPF that local authorities develop a strategic local plan for the purpose of giving effect to the policies set out within the NPPF, the Council has not done so. The Development Plan for the Site therefore comprises:
East Herts Local Plan Second Review, adopted on April 2007; and
Hertfordshire Structure Plan, adopted April 1988.
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Site Specific Policies
5.23 Hertford is identified as one of the Main Settlements where development is to be concentrated ( Local Plan Policy SD2).
5.24 The Proposals Map of the Local Plan confirms that the Site falls within Hertford Town Centre, as defined on the Hertford Town Centre Inset Map and is part of the Hertford Castle ward and on the edge of the Metropolitan Green Belt.
5.25 The Environment Agency’s (EA) site specific Flood Zone Map shows that the Site is within Flood Zone 1 and the 5 nearest risk area is over 220 metres away.
5.26 Local Wildlife Sites are monitored by Hertfordshire County Council's Biological Records Centre. The site is not listed on their records
5.27 Work has commenced on the Core Strategy Development Plan Document (DPD A number of background documents have been produced which will inform the forthcoming Core Strategy DPD, these include:
Strategic Flood Risk Assessment
Hertford Masterplanning Study ;
Hertford Transport Study ;
Housing Needs Survey Update .
5.28 Overall, it is clearly a benefit of the proposal that it would boost significantly the supply of housing and assist in addressing the needs of East Herts growing older population, subject to meeting other considerations to represent a sustainable development.
5.29 Given the date of adoption of the Council’s Core Strategy and Saved policies after 2004 it is considered that the NPPF is a material consideration in the assessment of this application however the scheme should be assessed with weight given to the individual policies of the Council.
5.30 The NPPF is therefore a material consideration and those relevant considerations from the framework which are relevant to this application include the following sections:
Section 1. Building a strong, competitive economy Section 2. Ensuring the vitality of town centres Section 4. Promoting sustainable transport Section 6. Delivering a wide choice of high quality homes Section 7. Requiring good design Section 8. Promoting healthy communities Section 10. Meeting the challenge of climate change, flooding and coastal change Section 11. Conserving and enhancing the natural environment Section 12. Conserving and enhancing the historic environment
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6 Planning Assessment
Background
6.1 This section assesses the Proposed Development in the context of the planning policy framework outlined in Section 5 and Appendix 4. It draws upon the extensive analysis that has been undertaken as part of the planning applications and is set out in the application supporting documents.
Key Issues
6.2 Arising from our review of the policy position and in light of the nature of the Proposed Development, we believe there are a number of key planning issues that need to be examined in order to consider the acceptability of the applications:
Land Use: are the uses proposed appropriate for the Site;
Design and Appearance: does the scheme demonstrate high quality design;
Sustainability: does the scheme incorporate sustainable building techniques;
Transportation: what effect will the scheme have on the highway network;
Regeneration: what benefits will the scheme deliver; and
Other Relevant Matters
These issues are reviewed below.
Land Use
6.3 When drawing up or reviewing Green Belt boundaries local planning authorities should take account of the need to promote sustainable patterns of development. They should consider the consequences for sustainable development of channelling development towards urban areas inside the Green Belt boundary, towards towns and villages inset within the Green Belt or towards locations beyond the outer Green Belt boundary.
6.4 The appropriateness of the Proposed Development in land use terms can be measured by the scheme’s compliance with national planning policy, adopted Local Plan policy and the emerging Core Strategy DPD and its evidence base (RTCS).
6.5 The majority of the Site is previously developed and comprises existing brick manufacturing facility as well as areas of land fill and clay extraction. The Site is within Hertford Town Centre Castle Ward.
6.6 The principle of redeveloping this Brownfield Site is therefore in accordance with planning policy at all levels.
6.7 By creating this specific type of housing it frees up other units within the locality and brings these units back onto the market offering benefits not just to the elderly sector but the local market in its entirety.
6.8 The application proposes development: on the boundary of the metropolitan green belt and Hertford Town; within the setting of the remains of the old brickworks/Landfill site which includes clay pits and the footprint of the kiln, pump house and various other buildings The need to ensure design quality and minimise any adverse effects on the setting of this area is therefore important.
6.9 In light of the sensitivities of the site we believe that the Outline application approach supported by approved Parameter Plans is appropriate. The documents for approval are accompanied by illustrative material that seeks to provide more information on the overall plan.
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6.10 The application therefore provides sufficient information for the decision makers to assess the effects of the Proposed Development; understand and assess the level of design quality; and the parameters, which any Reserved Matters applications will need to stringently follow.
7 Material Planning Considerations
7.1 Taking into consideration the recent refused application (Council Ref 3/14/1321/0P ), the main planning considerations of this current application centre round the previous reasons for refusal (Green Belt, T.P.O and Safe Vehicular Access ), as the Council has accepted that the proposal would not have an adverse impact on any other grounds subject to relevant planning conditions.
Principle of Development
7.2 Relevant policies of both the National Planning Policy Framework (NPPF) and the development plan should be balanced against the benefits of the scheme and other material planning considerations (including but not limited to) the potential coalescence of Hertford and Hertingfordbury and the impact upon highway safety when determining this application.
7.3 It is acknowledged that the principle of development in this location does not align with the Council’s local policies. In particular both Core Strategy Policy 10 and Saved Policy EN7 seek, in simplistic terms, to resist development and maintain openness within this part of the area. However reference to planning case law does underline that this principle issue does not automatically preclude development. Reference is given to the appeal decision (APP/Z3825/A/08/2090104 –Agates Yard, Faygate Lane, Horsham) where the Inspector stated:
“It is common ground that the proposal to develop the site for housing conflicts with the development plan. The main issue thus amounts to whether or not this conflict, and any other harm arising from the development, would be outweighed by the various material considerations in favour of granting planning permission for the proposal.”
This is not a unique case and there have been many established retirement villages and other, more traditional, forms of housing schemes granted throughout the UK. Whilst it is acknowledged that the principle of the development does cause conflictions with planning policy there are considerations weighing in favour of the scheme not least a recognised need for this unique type of housing which is not being satisfied elsewhere.
7.4 By creating this specific type of housing it frees up other units within the locality and brings these units back onto the market offering benefits not just to the elderly sector but the local market in its entirety.
7.5 As a retirement village one of the essential components that make these forms of development attractive to the target audience is their low density, space, openness, tranquillity and rural feel. This is what makes the Brickfields site a particularly attractive location for the proposed retirement village
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Remote Location
7.6 Reference to planning case law underlines the site credentials as a sustainable and accessible location. Reference is given to the appeal decision Appeal Ref: APP/Z3825/W/15/3019480 Rusper Road, Ifield, West Sussex, RH11 0LN
The inspector stated
“ In addition, the appeal site is located approximately 2.5 km from the town centre of Crawley where there is a large range of services and facilities. I accept the views of local residents that there would still be reliance on private motor vehicles to access some services and facilities, however, I am mindful that such trips would be short.”
The Brickfields site is less than 1.5km from Hertford Town Centre and its large range of services.
Sequential Approach
7.7 The NPPF is clear that if a five year supply is not available within a Local Authorities area, housing sites must be brought forward through either the development plan process and/or through planning applications. No definite distinction is made between Brown and Greenfield sites.
7.8 There are no allocated sites within or on the edge of Hertford for retirement villages or this form of housing. Accordingly the Site provides the most appropriate location to meet the identified need for additional specialised accommodation in the Town and enhance the vitality and viability of the Town Centre.
7.9 The Proposed Development will secure sustainable economic growth, and limit carbon dioxide emissions and minimise vulnerability to climate change. By providing on site facilities create a highly sustainable location, which is accessible by a choice of means of transport other than the private car and encourages trips that serve more than one purpose.
7.10 The parameter and illustrative schemes have evolved further to detailed urban context analysis. The supporting information to the application demonstrates that a high quality and inclusive design can come forward at the Reserved Matters stage that complements the surrounding area.
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8 Housing Need Supply
8.1 The overwhelming national trend is recognised that solo living will take on a greater relevance as elderly people seek to maintain independence for longer and with approximately 17.1 million people aged 60 and over this has significant national trends which cannot be ignored.
8.2 Our study draws on a range of national and local publications as well as information on the local provision of care facilities. It concludes that there is a significant evidence of need for a range of care provision and that the site is well located to meet this need. The site represents a suitable and sustainable location to meet the needs of the growing ageing population.
8.3 The population in the UK is rapidly ageing. Decreasing mortality rates combined with birth rates below the replacement level have resulted in a larger proportion of the population at retirement age. In addition, the ‘baby-boom’ generation, who represented the largest increase in the UK population in the 20 century, are now reaching retirement age.
8.4 The ONS interim life tables published in March 2013 showed male life-expectancy at 78.7 years and female life- expectancy at 82.6 years. This represents an increase of 5 years from 1990 for men when the average life-expectancy was 73.0 and 3 years for women whose life expectancy was 78.7.
8.5 The Shelter report ‘A Better Fit’ 2012 found that 32% of people aged 55-64 would consider retirement housing either now or in the future and that this figure rises to 39% of people over 65. There is therefore a significant demand for specialist housing for older people in the UK which needs to be met by new development.
8.6 The National Planning Policy Framework (NPPF) specifically identifies the issue of housing an ageing population in the foreword which sets out the key challenges for the planning system:
“We must house a rising population, which is living longer and wants to make new choices.”
(Ministerial Foreword, page (i), NPPF, DCLG, 2012 )
8.7 On the subject of delivering high quality housing the NPPF is clear that older people’s needs, now and in the future, should be taken into account.
“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)”
(Page 6 of 24 Para 50, pg 13, NPPF, DCLG, 2012. )
8.8 Planning applications should take the need to provide for older people into account according to the NPPF.
8.9 The more recent inwards migration of expat residents returning from the crashed markets in Spain and Portugal amongst others will further exacerbate these figures. These trends all point in one direction and the current housing market is not responding to this specific issue.
8.10 Flexible Care housing has an important role to play in the ability to satisfy the needs of this change in demographics as the housing offered has the ability to offer independence for as long as possible with flexibility in the care given ensuring that residents do not feel they have only two options of independence versus a care home. In view of this , one of the NPPF’s core planning principles includes making every effort to
'identify and then meet the housing, business and other development needs of an area, and respond positively to wider opportunities for growth.'
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8.11 The Council has clearly stated that they cannot demonstrate a five year supply of deliverable housing sites to meet the Plan requirements.
This significant fact along with a particular deficiency as regards housing for the ageing population is documented within the needs report prepared by Tetlow King Planning that accompanies this application.
Therefore, Council policies that specifically deal with housing supply are out of date and the proposal must be assessed in relation to the presumption in favour of sustainable development and the tests set out in paragraph 14 of the NPPF. Paragraph 14 clearly sets out that planning applications should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF as a whole or that specific policies in the NPPF indicate it should be refused.
Socio-Economic benefits
8.12 As stated above, one of the key benefits of the proposed development is that it would help to meet the districts 5 year housing supply whilst also providing a type of housing that is in short supply. Along with the potential for freeing up further housing as a result of persons moving into the development.
8.13 Due to the scale of the development and applying a phased approach to development of the site, this would take a number of years to be built out and on this basis would provide a number of jobs in the short to medium term, within the supply of services, materials, construction jobs and apprenticeships, as well as post employment upon completion of the development in terms of care and facilities.
9 Conclusion
9.1 This revised application seeks to address the reasons for refusal by the Council as set out in the decision notice dated 16th September 2015 (App.ref 3/14/2132/OP ) and shown at the beginning of this report
9.2 With regards to safe access and egress in times of flooding, the author considers sufficient information has been provided to satisfactorily demonstrate that there would be no harm to highway safety and a safe route can be provided at all times.
9.3 No trees are to be harmed and the character of the woodland is to be maintained with an increase in biodiversity with the provision of new ponds and planting.
9.4 Therefore the issue is would the perceived harm to the greenbelt landscape arising from the development be outweighed by the various material considerations in favour of granting planning permission for the proposal.”
9.5 Paragraph 7 of the Framework sets out a presumption in favour of sustainable development, with the need for the planning system to perform three dimensions such as an economic, social and environmental role.
9.6 In terms of an economic role, the site is located in a sustainable location; which the appellant considers to be the right place for the development contributing significantly to the local economy, whilst supporting growth and innovation.
9.7 The proposal will provide a social role in that; it will help to address the shortfall in the supply of housing for the ageing population within the district,. in turn creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural wellbeing for future generations.
9.8 The proposal will provide an environmental and landscape role in that our proposed landscape and ecology mitigation plans would enhance the site and improve public access to a rejuvenated woodland walking area.
9.9 Therefore, it is not considered that the proposal would cause significant harm to the open character of the surrounding Greenbelt or the character and appearance of Cole Green Way nor materially affect the degree of separation between Hertford and Hertingfordbury.
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9.10 It is also considered that the proposal would contribute to the protection and enhancement of the natural and historic environment by imposition of planning conditions whilst providing a sustainable form of development in terms of low carbon economy.
9.11 This proposal while large will have a light footprint in regards to its impact on roads, travel or the environment but will have a significant and high impact on the health needs of the area as well as providing secure long term employment in a whole range of jobs.
9.12 In this respect it is considered that there are sufficient grounds to consider this planning application favourably as a departure from the development plan and thus it is considered that the application should be approved subject to conditions.
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Appendix A
Site Location Plan
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