15/00543/VAR David Wilson Homes (Mercia)

Baggeridge Brick Co Ltd, Fir Street, Gospel End, DY3 4AA

To provide a better dwelling mix, more suitable to the local housing needs.To amend the carbon emissions reduction strategy and remove the requirement for market homes to meet Lifetime Homes standards to reflect changes to national policy following the Housing Standards Review. Please see details in covering letter.

1. SITE DESCRIPTION AND PLANNING HISTORY

1.1 Site Description

1.1.1 The site relates to the previous Baggeridge Brickworks, which was used for mineral winnings for the brick making industry along with the manufacture of clay into bricks. The site is currently accessed from Fir Street with a new access off Gospel End Road which is now complete. The site has planning permission for 180 dwellings which is well underway. The main access road off Gospel End Road is complete, and earthworks, utilities and around 101 dwellings have been started with 27 completions. The site was granted outline planning permission for the complete redevelopment for a mixed use development on appeal in 2012. The site is located on high ground to the south of and north and east of Baggeridge Country Park (which was also formerly part of the mineral winnings for the brick making business). The site covers an area of 21.21 Ha. It is bordered to the north by residential dwellings in the village of Gospel End, with Gospel End Road (A463) beyond; to the west by Baggeridge Wood, with farmland beyond; and to the east by farmsteads and south and west by Baggeridge Country Park and the Historic Landscape Parkland associated with Himley Hall. Wood House Farm equestrian centre lies to the south-east.

1.1.2 The site was previously occupied by a series of large buildings involved in the manufacture of bricks. Following outline planning permission being granted all buildings have now been demolished and cleared from the site. The chimney stack remains in place and is a significant landmark on the site; more prominent following the demolition of the surrounding buildings. Building work is well underway, and on my site visit a number of dwellings are occupied, these are to the north of the site, nearest to the entrance with Gospel End Road.

1.1.3 The topography of the site is spilt dramatically by two distinct levels; the higher level to the north of the site has a swathe of woodland acting as a buffer between the site and the residential properties to the north. The site is generally heavily vegetated particularly its perimeter. The lower level of the site is more open in character following the demolition of the industrial buildings. The chimney stack constructed from a dark brick remains. The entire site is being prepared for development, a great amount of muck has been shifted around the site, and some has been laid to the area designated as nature conservation areas and woodland at the northernmost part of the site forming large mounds. The mounds have been graded and have been granted planning consent following amendments to the landscaping arrangements.

1.2 Planning History

1.2.1 Previous applications for development at the Brickworks.

2008, new access road, withdrawn (08/00896) 2010, Certificate of lawful use for brickworks and associated external storage area (B2), approved (10/00773/LUE) 2011, Redevelopment of former Baggeridge Brickworks for mixed-use development including craft village, housing, nursing home and associated infrastructure plus major open space and landscaping. (Major Development), Refused, Allowed on Appeal, 11/00920/OUT 2013, Redevelopment of former Baggeridge Brickworks for mixed-use development including craft village, housing, nursing home and associated infrastructure plus major open space and landscaping. (Major Development), Approved, 13/00402/VAR 2014, Redevelopment of former Baggeridge Brickworks for mixed use development including craft village, housing, nursing home and associated infrastructure, and major open space and landscaping (major development) [reserved matters: appearance, landscaping, layout and scale], Approved 14/00017/REM 2014, Submission of an amended landscape scheme - Replacement of text referring to Landscape Proposals for Nature Conservation Area ST11381- 044 02/12/13 with text for a revised Landscape Proposals for Nature Conservation Area, Approved, 14/00835/VAR

1.2.2 Outline planning permission was granted, allowed on appeal, following a public inquiry into the refusal of planning permission for the complete redevelopment of the site for a mixed use development. The outline planning permission determined access only, with all other matters reserved. The access approved was to form a new access off Gospel End Road, which would see the access to the site from Fir Street discontinued. The permission was for a new housing development, with nursing home, craft village, landscaping and open space, with S106 agreement. The reserved matters application was approved in August 2014.

1.2.3 Pre-application Discussions

1.2.4 Pre-application discussions have taken place regarding alterations to the mix of dwellings and this variation of condition application.

2. APPLICATION DETAILS

2.1 Proposal

2.1.1 This application seeks to amend the masterplan of the Baggeridge Scheme which was approved as part of condition 3 of the application 14/00017/REM and subsequent permission 14/00835/VAR. The proposal includes variations to the masterplan along with the removal of the requirement for lifetime homes provision for the new housing mix as part of the revisions, and also incorporates the revised carbon strategy which is to be approved as part of a discharge of condition application for the outline consent 13/00402/VAR.

2.1.2 The revised house types with the removal of lifetime homes standards relate to the new mix of dwellings in 5 of the development blocks to the south of the development site, the revised mix along with all existing approved units will not include renewable energy measures, however will provide a number of energy efficiency measures which will achieve a significant carbon reduction of 34% which exceeds the previous reduction of 32%. The revised housing mix for this area is as follows:

19 affordable units:

- 2 bed apartment DF07 x 6 three storey apartment block with central entrance door symmetrical design. The proposed block will have two apartments on each floor and does not comply with lifetime home standards. The apartments have stairwell access only, no lift access.

- 2 bed house SH27 x 1 semi-detached dwelling attached to SHTA & B 2x1bed apartments total of 3 units in semi-detached arrangement. Each apartment has 1 bedroom, living/kitchen/dining area and bathroom. SH27 has living/kitchen/dining at ground floor level with two bedrooms and bathroom at first floor level.

- 2 bed bungalow x 4 SHTA 2x semi-detached pairs of bungalows, with two bedrooms at front and living/kitchen/dining at the rear of the property with French doors leading out into the garden.

- 2 bed house x 2 P206 semi-detached pair with bedrooms 1 and 2 at first floor level with separate lounge and kitchen at ground floor level with WC.

69 market units:

- 14 x 2 bed dwellings P206 semi-detached pair with bedrooms 1 and 2 at first floor level with separate lounge and kitchen at ground floor level with WC.

- 2 x 3 bed dwellings P341 two end of terrace units, end of a terrace of 3. Lounge, utility, kitchen/family dining, hall, WC at ground floor level. At first floor 3 bedrooms, 1 with en-suite and family bathroom.

- 16 x 4 bed dwellings P382 comprising semi-detached pairs and terraces of 3 units. The ground floor comprises lounge, WC, kitchen/dining room, with 3 bedrooms 1with en-suite and family bathroom at first floor level.

- 6 x 4 bed town house style dwellings P470 three storey with two dormer windows on front elevation. With lounge and kitchen/dining room, WC and utility at ground floor, two bedrooms at first floor 1 x en-suite and family bathroom. At second floor two additional bedrooms and separate shower room.

- 16 x 3 bed town houses T310 in semi-detached pairs and mixed semi-detached pairs. With lounge and kitchen/dining room and WC at ground floor level, with two bedrooms and family bathroom at first floor level with 1 bedroom with en-suite at second floor level.

- 2 x 4 bedroom town house H408 detached unit with integral garage. At ground floor level there is a lounge, dining/kitchen/family room, utility, WC, cloak room and store. At first floor level 4 bedrooms, 1 with ensuite and family bathroom.

- 4 x 4 bed dwelling H455 corner plot town house, with lounge, dining room and kitchen/breakfast room with hall and WC at ground floor level, and four bedrooms 1 with en-suite and family bathroom at first floor level.

- 1 x 4 bed dwelling H469 detached dwelling with lounge, study, dining/kitchen, utility and WC at ground floor level, with four bedrooms 1 with en-suite and family bathroom at first floor level.

- 2 x 4 bed dwelling H470 detached dwelling, three storey with dormer windows. At ground floor level, lounge, dining/kitchen, hall utility and WC, with two bedrooms at first floor level, 1 with en-suite and dressing room and family bathroom. At second floor level two bedrooms and shower room and store room.

- 6 x 4 bed dwelling H486 detached dwelling with lounge, dining/kitchen with utility and WC at ground floor level. At first floor level are 4 bedrooms 1 with en-suite and family bathroom.

2.2 Agent's submission

- S73 Revised Carbon Reduction Strategy - Reserved Matters Highways Statement - Design and Access Statement - Flood Risk Assessment

3. POLICY CONTEXT

3.1 Within the Green Belt

3.2 South Core Strategy Development Plan Document

CP1 - The Spatial Strategy for GB1 - Development in the Green Belt CP2 - Protecting and Enhancing the Natural and Historic Environment EQ1 - Protecting, Enhancing and Expanding Natural Assets EQ3 - Conservation, Preservation and Protection of Heritage Assets EQ4 - Protecting and Enhancing the Character and Appearance of the Landscape CP3 - Sustainable Development and Climate Change EQ5 - Sustainable Resources and Energy Efficiency EQ6 - Renewable Energy EQ7 - Water Quality EQ8 - Waste EQ9 - Protecting Residential Amenity CP4 - Promoting High Quality Design EQ11 - Wider Landscape Considerations EQ12 - Landscaping CP5 - Infrastructure Delivery EQ13 - Development Contributions CP6 - Housing Delivery H1 - Achieving a Balanced Housing Market H2 - Provision of Affordable Housing H4 - Delivering Affordable Housing H5 - Specialist Housing Accommodation CP7 - Employment and Economic Development EV2 - Sustainable Tourism CP11 - Sustainable Transport EV11 - Sustainable Travel EV12 - Parking Provision CP13 - Community Safety CS1 - Designing out Crime CP14 - Open Space, Sport and Recreation HWB2 - Green Infrastructure CP15 - Children and Young People

3.3 National Planning Policy Framework

Part 6 - Delivering a wide choice of quality homes paras. 47, 50, 52, 54, 55 Part 7 - Requiring good design paras. 56, 57, 61, 62, 63, 66 Part 8 - Promoting Healthy Communities paras. 72, 75 Part 9 - Protecting Green Belt Land paras. 79, 80, 89 Part 10 - Meeting the challenge of climate change, flooding and coastal change paras. 93, 94, 96, 97, 98, 101, 103, Part 11 - Conserving and enhancing the natural environment paras. 109, 111, 118, 120, 121,

3.4 Ministerial statement Planning update March 2015, Plan making, Decision taking, transition and compliance

3.5 Supplementary Planning Guidance

Green Belt and Open Countryside SPD Village Design Guide SPD

3.5 Other documents South Staffordshire Council Plan 2012-2016 - Providing good quality affordable housing - Promoting places to visit, play and enjoy as a tourist destination - Protecting the Green Belt

South Staffordshire Council Strategic Housing Land Availability Assessment 2013 Statement of Community Involvement (SCI) 2014 Strategic Housing Market Assessment (SHMA) 2012

4. CONSULTATION RESPONSES

No Councillor Comments - (expired 03/09/2015)

Parish Council Comments - (received 02/09/2015) - Himley Parish Council objects as it is against the provision of lifetime homes as set out in the Core Strategy Plan.

No Engineering Services Comments - (expired 03/09/2015)

Environmental Health Comments - (received 27/08/2015) - No comments

No Leisure Services Comments - (expired 03/09/2015)

Local Plans Comments - (received 18/09/2015) –

National Policy

The National Planning Policy Framework (NPPF) places great emphasis on the use of renewable technology in the transition to a low carbon future and is set out in para 17 as one of the Core Planning Principles where planning should '…encourage the use of renewable resources (for example by the development of renewable energy)'. Para 93 supports the delivery of renewable and low carbon energy which is sees as central to the 'economic, social and environmental dimensions of sustainable development'.

The Government issued a Ministerial Statement on 25th March 2015 which set out new national guidance on the setting of technical standards for new dwellings. This statement withdrew the Code for Sustainable Homes 'aside from the management of legacy cases'. Clearly the requirement for CfS Homes standards was established in previous approvals prior to the publication of the Statement. The Statement also required local planning authorities to consider and update as necessary policies on technical standards, however this is something which has not yet been addressed. Further the Statement says that for the 'specific issue of energy performance, lpas will continue to be able to set and apply policies in their Local Plans which require compliance with energy performance standards that exceed the energy requirements of the Buildings Regulations until commencement of amendments to the Planning and Energy Act 2008' (emphasis added), which are expected in late 2016.

Core Strategy

Policy EQ5 of the adopted Core Strategy requires a minimum proportion of low and zero carbon energy generation of 20% of new residential development from 2013 onwards and is required to examine how development could attain the maximum carbon targets. It also says that development should follow the 'energy hierarchy' of a combination of energy efficiency, carbon compliance and allowable solutions. The bullets points in the supporting text at paragraph 7.36 are not a 'sequential approach' as such, but outline those solutions, which in combination might reduce carbon emission of new buildings.

Comments

Lifetime Homes - The application seeks to remove the requirement for certain dwellings to be constructed to Lifetimes Homes Standards. The ethos behind the concept of Lifetimes Homes Standards is to ensure that homes are accessible and inclusive to meet the changing needs of occupiers over the lifetime of a dwelling. South Staffordshire has an increasingly ageing population and the flexibility that such homes offer is very important in meeting the specific needs of our population. However, this application relates to a proportion of the overall total number of dwellings to be delivered and would still result in approximately 60% of homes being built to Lifetime Homes Standards across the whole site.

Renewable Energy - the application seeks approval to follow a fabric first approach to delivery of renewable energy solutions. Whilst the Government's intention is to streamline the housing standards system the Government remains committed to implementing a zero carbon homes standard in late 2016. The stated intention is that from that time, energy performance requirements will be set at a level equivalent to the outgoing code for Sustainable Homes Level 4. Critically, it also states that 'until the amendment is commenced, we would expect local planning authorities to take this statement of the Government's intention into account in applying existing policies and not set conditions with requirement above a Code Level 4 equivalent'. In this respect, Core Strategy Policy EQ5 of 20% low and zero carbon energy regulation is equivalent to Level 4 of the outgoing standards. Therefore compliance with EQ5 would not be in conflict with the stated aim of the Ministerial Statement.

Housing Mix

The application proposes an increase an increase in the number of plots within the red line areas from 75 to 86 dwellings. This has been achieved by the deletion of 8 x 5 bed dwellings and an increase in the number of 2/3 bed dwellings. This has been informed by local information from potential buyers and supports the information in the Council's Housing Market Area Locality 5 Study. This meets the requirements of Core Strategy Policy H1 for a suitable mix of dwelling types.

In accordance with Policy H2, 30% affordable housing is required onsite and an overall increase of 13 dwellings would see an additional requirement for 4 of those dwellings to be affordable.

Conclusion The application proposes amendments to housing standards and a revised mix of housing on an area of land within the larger reserved matters site. The revised housing mix is supported subject to additional affordable units being provided.

The Council has not yet reviewed its policies which contain technical standards for the construction of new dwellings following the publication of the Ministerial Statement in March 2015. It is considered that a reduction in the number of homes which will achieve Lifetime Homes Standards to 60% across the site is regrettable, particularly in the light of our evidenced increasingly ageing population with specialist housing needs. It is also considered that meeting the requirements of EQ5 would not necessarily be at odds with guidance in the Ministerial Statement.

However in this case, until Local Plan policies are reviewed and updated, no objections are made to the fabric first approach to renewable energy provision outlined, or the amendments to the provision of homes to Lifetime Homes Standards, subject to the commitment to provide 60% dwellings constructed to Lifetime Homes Standards across the whole site.

Regeneration and Strategic Housing Comments - (received 03/09/2015) - The applicant is proposing to convert a number of 4/5 bed properties into 2 and 3 bed accommodation. As a result, the total number of units on site will increase by 11 dwellings. Housing Mix

Policy H1 of the adopted Core Strategy encourages the provision of 2 and 3 bed homes across all market areas of the district. In addition the Housing Market Assessment indicates a shortfall of these size properties (both affordable and market). The amended mix therefore continues to comply with Policy H1 and is therefore supported.

Affordable Housing

There is a requirement for 30% of dwellings on site to be affordable (in accordance with Policy H2 and the S106 agreement). As 11 additional dwellings are proposed, the number of affordable dwellings on site will need to be increased by 4 homes in order to meet this requirement.

County Education Comments - (received 21/08/2015) - This development falls within the catchments of Westfield Community Primary School and Ounsdale High School.

The variation in the development is scheduled to provide an additional 11 dwellings from the original housing mix. Excluding the 4 apartments, an increase of 11 houses could add 2 primary aged pupils and 2 secondary aged pupils.

Ounsdale High School is projected to have sufficient spare capacity and so no contribution will be requested for secondary education.

However, please note that Westfield Community Primary School is now projected to have limited vacancies based on the current and projected pupil numbers available at this time. Although the development will put additional pressure on school places, current pupil demographics indicate that the schools should be able to accommodate the likely demand from pupils generated by the development.

County Archaeologist Comments - (received 19/08/2015) - Thank you for your consultation regarding the proposed amendments to the above application to provide a better dwelling mix, more suitable to the local housing needs (specifically amend the carbon emissions reduction strategy and remove the requirement for market homes to meet Lifetime Homes standards to reflect changes to national policy following the Housing Standards Review). I refer you to our advice under applications 11/00920/OUT (in a letter dated 15-Dec-2011) and 14/00017/REM (in a letter dated 20th Feb 2014) for the same site, provided by my colleague Stephen Dean. I can confirm that this advice remains valid and that we would raise no additional concerns relating to the proposed amendments under the current application.

County Highways Comments - (received 27/08/2015) - No objections

County Planning Comments - (received 18/08/2015) - Staffordshire County Council does not wish to comment on this application on mineral or waste planning grounds.

No Staffordshire Fire Comments - (expired 03/09/2015)

Staffordshire Police Comments - (received 24/8/2015) - Landscaping All shrubs and hedges specified adjacent to buildings should have a maximum growth height of 1 metre, whilst all tree branches should be pruned up to a minimum height of 2 metres, thereby maintaining a clear field of vision around the site. Trees when mature shouldn't mask lighting columns or become climbing aids to scale garden walls or fences.

Dwelling Boundaries All rear gardens should be secured with a robust fence or wall, without footholds, to a minimum height of either 2000mm or 1800mm with trellis. The rails of any timber fence should face the garden to prevent climbing access, the topography of the land should be taken into account when installation takes place to ensure that the height of the fence is maintained. An 1800mm fence and gate, with anti-lift hinges and a lock, should be erected as close to the front elevation as possible; this helps prevent unauthorized persons gaining access to the rear of properties, where most burglaries take place and removes hiding places. Utility meters should be located on the front elevations to prevent bogus caller sneak-in burglaries.

Communal Entrances Access to the apartment blocks will be beneficially restricted by controlled entry systems that employ video and audio links. Doors must be the same physical specification as the apartment doors, with an internal thumb turn, knob or handle. External entry must be by latch withdrawal by use of the key not a lever. Attention to design detail is needed to prevent unauthorised release of the lock from the outside. Communal entrance door sets with a separate adjacent access control panel should be certificated to one of the following standards: o STS 202 Issue 3:2011 Burglary Rating 2(minimum), or o LPS 1175 Issue 7:2010 Security Rating 2 (minimum), or o PAS 24: 2012, paragraph 4.4.3 i.e. via testing to BS EN 1627 Resistance Class 3 (minimum). NB Door sets utilising non mechanical magnetic locks fall outside the scope of BS EN 1627.

All glazing in and adjacent to flat entrance doors should be installed with a fire rated laminated glass meeting the requirements of BS EN 356:2000 class P1A, securely fixed in accordance with the manufacturer's specifications.

Staffordshire Badger Group Comments - (received 20/08/2015) - Thank you for bringing this proposed amendment to our attention. I cannot envisage that the proposals will impact on the badgers on site and the comments we made originally remain unchanged.

No MBC Comments - (expired 03/09/2015)

No DEFRA Comments - (expired 03/09/2015)

Environment Agency Comments - (received 01/09/2015) - Thank you for referring the above application which was received on 13 August 2015.

The Environment Agency has no objection to the proposed minor material amendment which relates to plans covered under Condition 3 and approved under Condition 2 of Reserved Matters permission 14/00835/VAR.

No National Grid Comments - (expired 03/09/2015)

Natural Comments - (received 20/08/2015) - Natural England currently has no comment to make on the variation of condition 2.

No Severn Trent Comments - (expired 03/09/2015)

1 Neighbour Letter (received 10/09/2015) the following points were raised: - Ongoing noise - Destroying natural beauty - Bats in the vicinity - Badger setts are being destroyed - Trees being cut down - Extra traffic - New school - Bus route improvement - Not against new houses but they must fit in, in the area.

Site Notice - (expired 28/10/2015)

Advertisement in Express and Star - (expired 13/09/2015)

5. APPRAISAL

5.1 Key Issues

- Principle of Development - Variation of Condition - Revised Housing Mix and Additional Units - Highways - Renewable Energy/Energy Efficiency - Lifetime Homes Standards - Representations received

5.2 Principle of Development

5.2.1 The principle of the development of Baggeridge Brickworks for a mixed use development including a large scale residential development was originally established through outline planning permission 11/00920/OUT which was allowed on appeal. Therefore the principle of developing this brownfield site has been established. The site is within the Green Belt where the complete redevelopment of brownfield sites is not an inappropriate form of development as specified in the NPPF providing all other aspects of the proposal are acceptable in policy terms. The South Staffordshire Core Strategy is silent on this issue specifically, therefore, in this instance the NPPF is a material consideration to which I am attaching significant weight. It was concluded at the outline stage that the proposal would not have a greater impact on the openness of the Green Belt than the previous situation (prior to the demolition of the buildings in connection with the brickworks and stockpiles). The reserved matters application was approved in August 2014, and work is well established on site.

5.2.2 The proposal includes the introduction of new units within the centre of the site. This will inevitably increase the amount of built development overall, the site is within the Green Belt, however I am satisfied that the intensification of the amount of built development in this area of the site will not impact on the purposes for including land within the Green Belt as the site will not encroach in any way or sprawl beyond its existing limits.

5.3 Variation of Condition

5.3.1 This application seeks to vary the approved plans condition (condition 3 of application 14/00835/VAR) by amending the layout and configuration of the central 5 blocks of residential development. The changes include alterations to the housing mix and numbers of units. The proposal will result in an additional 11 units. The revised mix comprises smaller units which enables additional units to be provided on site. The mix is a total of 88 units, which includes 19 affordable units, the affordable units include, 6 x 1 bed apartments, 6 x 2 bed apartments, 3 x 2 bed dwellings, 4 x 2 bed bungalows. The revised housing mix for market housing comprises 69 units, which includes 14 x 2 bed dwellings, 18x 2 bed dwellings, 37 x 4 bed dwellings.

5.4 Housing mix/additional units

5.4.1 The proposed mix reflects changes in market preferences, which includes the need for smaller market units, and also includes the change to the configuration of affordable units. The revised mix of units has been considered by the strategic housing officer to be acceptable and in line with the Councils policies H1 and H4, the percentage of affordable housing on the site will not decrease as a result of the changes. The proposed market mix is in line with the need identified within the SHMA, therefore the proposal accords with policies H1 (in relation to mix), H2 and H4 of the adopted Core Strategy.

5.4.2 The designs of the proposed dwellings are in keeping with those already approved at the site, therefore the site will retain its design principles as set out in the original reserved matters application. The housetypes achieve Space About Dwellings standards by providing minimum separation distances and garden areas, some garden lengths fall slightly short, however this is on smaller units with no issues with overlooking therefore the proposals do not conflict with policy EQ9 of the adopted Core Strategy.

5.5 Highways

5.5.1 The proposed dwellings have sufficient car parking through driveway spaces and garages, and County Highways have raised no objections to the proposed layout. Therefore the proposal accords with policy EV12 of the adopted Core Strategy. The application has been accompanied by a revised Highways Statement, the statement was originally prepared on a basis that the site could accommodate up to 200 units,

5.6 Renewable Energy/Energy Efficiency Discharge of Condition application

5.6.1 Running alongside this application, is a Discharge of Condition application to approve a revised Carbon Reduction Strategy. The proposed strategy removes the provision of renewable energy production on site and improves the energy efficiency of the dwellings through low carbon and other energy efficiency measures, such as improved insulation. This fabric first approach has been adopted by many housebuilders, and is seen to be very energy efficient.

5.6.2 The Council's Core Strategy policy EQ5, requires a minimum proportion of low and zero carbon energy generation of 20% of new residential development from 2013 onwards and is required to examine how development could attain the maximum carbon targets. It also says that development should follow the 'energy hierarchy' of a combination of energy efficiency, carbon compliance and allowable solutions. The bullets points in the supporting text at paragraph 7.36 are not a 'sequential approach' as such, but outline those solutions, which in combination might reduce carbon emission of new buildings.

5.6.3 As part of a recent ministerial statement to parliament in March 2015, Housing Standards were reviewed, the statement said that local plans should not set in their emerging local plans, any additional local technical standards or requirements relating to the construction, internal layout or performance of new dwellings. Along with the proposals, the Government has now withdrawn the Code for Sustainable Homes. The Housing Standards Review was due to achieve royal assent on 30th September 2015, however this has not happened to date. However it is clearly the government's intention to remove the standards from the planning process, and instead be controlled through building regulations.

5.6.4 In light of the proposed changes and the fact that the proposals will see a 34% increase in energy efficiency at the site, which exceeds the previously approved levels of 32%. I consider that the proposals, through the adoption of a fabric first approach meets the requirements of policy EQ5 through using an energy hierarchy as opposed to a part energy efficiency part renewable energy approach. Therefore I am satisfied that the proposal is sustainable in terms of energy efficiency.

5.7 Lifetime Homes

5.7.1 The proposed new house types do not confirm fully to lifetime homes standards. However the house types for the remainder of the site will continue to conform to lifetime homes standards. Following the housing standards review mentioned in para 5.6.3 I am satisfied that into the future Local Authorities should not be imposing internal space standards through Local Plan policies, as matters such as lifetime homes will be dealt with through the building regulations process. I am satisfied that all of the house types are sufficient for their purpose. I am also satisfied that the site makes a significant contribution to lifetime homes standards as set out in policy H1 of the adopted Core Strategy. This application relates to 88 units only. The remaining 104 units will conform to lifetime homes standards. Therefore I am satisfied that the site provides sufficient choice of lifetime homes standard dwellings for the market and affordable mixes.

5.8 Representations

5.8.1 A large consultation exercise was carried out as part of this application. One objection has been raised from a resident which mainly relate to the principle of the development and issues covered by the original outline and reserved matters applications. I am satisfied that the proposal does not impact on the issues raised in the objection such as badger setts, trees and protected species, due to the location of the proposed changes on the development site, which is cleared and prepared for development. With regards to noise, this issue has been raised, however this is due to the construction process, and I am satisfied that the proposed variation will have no greater impact on noise levels, Environmental Health have raised no objections to the proposals. I have received an objection to the proposals from the Parish Council in relation to Lifetime Homes provision. This has been address in my report.

6.0 CONCLUSIONS

6.1 The principle of development has been already agreed. This application seeks to vary condition 3 by altering the masterplan and housetypes contained within 5 blocks of development including introducing additional units. The remainder of the development will remain as originally approved.

6.2 I consider the proposals to meet the policy aims of the Core Strategy. Therefore for the reasons mentioned I recommend the application for approval.

7. RECOMMENDATION APPROVE

Subject to the following condition(s):

1. The development to which this permission relates must be begun not later than the expiration of two years beginning with the date on which this permission is granted or 3 years from the date on which outline permission was granted, whichever is the sooner.

2. Notwithstanding the approved plans shown in condition 3, this permission does not grant or imply consent for the nursing home element of the scheme. Details of the nursing home to include scale, appearance and landscaping need to be submitted as an additional Reserved Matters application.

3. The development hereby permitted shall be carried out in accordance with the following approved plans but only in respect of those matters not reserved for later approval; Amended AAH5151-01 Rev W Planning Layout -- except for plots 42 to 129 ADDITIONAL PLANS Plots 42 to 129 inclusive - Planning Layout 15-052/02 Rev B Plots 42 to 129 inclusive - External Materials 15-052/03 Street Scenes 15052/04 Jun 2015 GDT Sections Jan 14 SSG1S/SSG1F Beam _ Block Jan 14 SDG2S/SDG2H Beam _ Block GDT Jan 14 SSG1S Single Block GDT Jan 14 SSG1F Single Block GDT Jan 14 SDG2S 2 No Single Block Jan 14 Kennett T310-E-5 SHTA/SHTB 09LH. 1 Bed Apartments Plots 59-62 Archford P382-EB5 Hollinwood H486-5 Elevation Hollinwood H486-5 Floor Plan Hadley P341-E-5 Floor Plan Winton P206-E-5 Hertford H470-5 Elevations Hertford H470-5 Floor Plan Holden H469-X5 Elevation Holden H469-X5 Floor Plan Drummond H408-5 Elevation Drummond H408-5 Floor Plan Apartment DF07 S306 plots 52-57 SH29 09LH Plots 45 _ 46 and 63 _ 64 June 2015 SHTA _ B and SH27 65 to 67 15-052/05 June 2015 Soft Landscaping Proposals Sheet 1 of 3 GL0245 03C Soft Landscaping Proposals Sheet 2 of 3 GL0245 04C Soft Landscaping Proposals Sheet 3 of 3 GL0245 05C PREVIOUSLY APPROVED PLANS Amended LTH Apartments A _ B plots 58-61 _ 157-162 -- Amended LTH Apartments A _ B plots 64 _ 65 -- Amended LTH Apartments ABCD - Plots 117-122 -- Amended LTH SB8 Amended SK-001 Rev E Sketch Scheme: Site Plan -- Amended SK-010 Rev H Railway and Community Building -- Amended SK-020 Rev F Craft Units -- Amended H408--5 LTH -- Amended H451 - Baggeridge LTH -- Amended H454 - Baggeridge LTH -- Amneded H455 LTH -- Amended H456-Baggeridge Rev C -- Amended H470-5 LTH -- Amended H486-Baggeridge LTH -- Amended H500-X5-Baggeridge LTH-- Amended H533-LTH -- Amended H546-Baggeridge LTH -- Amended H575-Baggeridge LTH -- Amended H597-Baggeridge LTH -- Amended H584-Baggeridge LTH -- Amended H587-Baggeridge LTH -- Amended H597-Baggeridge LTH -- Amended HC21TES5 LTH -- Amended HC34T-S5 LTH -- Amended HC46T-S5 LTH -- Amended HC55C-S5 LTH -- Amended SB8 Apartments Baggeridge LTH -- Amended SB16 Apartments Baggeridge LTH -- Amended SH27 Baggeridge Plots 130-133, 144-146, 153-159 LTH -- Amended SH29 Baggeridge LTH -- Amended Site Location Plan ST11381-001 06/04/10 -- Planning Layout AAH5151 01 Rev W -- Soft Landscape Proposals GL0245 03 Sheet 1 -- Soft Landscape Proposals GL0245 04 Sheet 2 -- Soft Landscape Proposals GL0245 05 Sheet 3 -- Landscape proposals for lower platform and extension to country park ST11 381-043 02/12/13 -- Amended Landscape Proposals for Nature Conservation Area ST11381-044 (Revision D) 05/02/2015 -- Cross sections for Nature Conservation Area ST11381-050 Revision B (Jan 2015) -- Terrestrial invertebrate survey RT-MME-113848-07 August 2013 Initial Bat Survey RT-MME-113848-06 June 13 Botanical Walkover Survey RT-MME-113848-05 June 13 Herpetofauna protection RT-MME-113848-03 June 13 Extended Phase 1 habitat survey RT-MME-113848-02 Great Crested Newt Survey RT-MME-113848-01 June 13 Badger Method Statement RT-MME-113848-04 June 13 Environmental Noise Survey -14031-1R1

4. The development hereby approved shall be carried out using the facing materials on approved plan AAH5151 06 Rev A. Approved on 11.02.2015.

5. The development hereby permitted shall not be commenced until such time as a scheme to safely and sustainably drain the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include: i) Restricting surface water discharge to Greenfield rates (154 litres/s or 8.64 litres/s/ha for all events up to, and including, the 1 in 100 year plus climate change event. ii) Attenuating surface water from the site, within the drainage system for all events up to and including the 1 in 100 year plus climate change event. iii) Provision of residual risk mitigation measures to ensure that events exceeding the 1 in 100 year plus climate change event are preferentially routed to safe areas within the Baggeridge Country Park. iv) A minimum of two SUDS treatment trains, including open ponds and reed bed systems and an investigation into the viability of Green Roofs, rainwater harvesting and permeable paving. v) Means of surface water drainage from all areas intended to remain in private ownership. vi) Drainage of all roads and hardstandings. The scheme shall be fully implemented and subsequently maintained, in accordance with Development Phasing within any period as may subsequently be agreed, in writing by the Local Planning Authority.

6. No existing trees, shrubs or hedges on the site or its boundaries shown to be retained on the approved landscaping reserved matters plans shall be lopped, topped or cut down without the prior consent of the Local Planning Authority. If any existing trees, shrubs or hedges are cut down or die, during the development or within 5 years of the completion of development, they shall be replaced with the same species (unless otherwise agreed in writing by the Local Planning Authority) within the next available planting season.

7. No development shall commence until the existing trees, shrubs and hedges on the relevant part of the site shown to be retained on the approved landscaping reserved matters plans have been protected by fencing constructed in accordance with BS5837:2012 in positions to be agreed with the Local Planning Authority and the protection shall be retained throughout the development of that part of the site in the approved positions.

8. No waste materials shall be burnt on site.

9. No construction materials or equipment or oil tanks shall be stored within the protective fencing/root protection areas of the trees or hedges shown to be retained on the approved landscaping reserved matters plans.

10. The public highway will be cleaned by way of deployment of road sweepers to ensure the public highway remains clear of deleterious material.

11. The dwellings hereby approved shall not be occupied until the access to the site has been completed.

12. The garages indicated on the approved plans shall be retained for the parking of motor vehicles and cycles. They shall at no time be converted to living accommodation without the prior express permission of the Local Planning Authority.

13. The development hereby permitted shall not be brought into use until the access, parking, servicing and turning areas have been provided in accordance with the approved plans.

14. The development hereby permitted shall not be brought into use until the visibility splays shown on the submitted drawing No. AAH5151 01 W have been provided. The visibility splays shall thereafter be kept free of all obstructions to visibility over a height of 600 mm above the adjacent carriageway level.

15. The development hereby permitted shall be carried out in accordance with the following details: -Baggeridge Village Construction Management Plan Timeline (planned by Asta Powerproject) -Construction Management Plan dated 08/04/14 Drawing Ref. H6072-CMP

16. No traffic associated with the development shall access or egress the site from Fir Street.

17. The following method of preventing vehicles from access the site from Fir Street shall be maintained for the lifetime of the development. - Drawing Planning layout Drawing No. 01 Rev E-E - Method: gates on Fir Street will be used for emergency access only. The existing gates will be locked and the keys handed over to South Staffordshire Council and emergency services upon completion of the development. The highway authority should be aware that Western Power Distribution, South Staffordshire Water and British Telecom have service media running under Fir Street and into the site that will require full unimpeded access 24 hours a day.

18. The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage for plots 42 to 129 have been submitted to and approved by the local planning authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

19. No development shall take place until a plan detailing the protection and/or mitigation of damage to populations of White-clawed crayfish, a protected species under The Wildlife and Countryside Act 1981 as amended and their associated habitat during construction works and once the development is complete. Any change to operational, including management, responsibilities shall be submitted to and approved in writing by the local planning authority. The White-clawed crayfish protection plan shall be carried out in accordance with a timetable for implementation as approved.

The scheme shall include the following elements: o Mitigation measures should the SuDs treatment trains fail o bio-security measures o habitat enhancement o continued monitoring of the population

20. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended), or any other subsequent equivalent order, no development within the following classes of development shall be carried out to the dwellings hereby approved without the prior approval of the Local Planning Authority:

a. Schedule 2, Part 1, Class A - enlargement, improvement or other alteration b. Schedule 2, Part 1, Class B - addition or alteration to the roof c. Schedule 2, Part 1, Class C - any other alteration to the roof d. Schedule 2, Part 1, Class D - porches e. Schedule 2, Part 1, Class E - garden buildings, enclosures, pool, oil or gas storage container f. Schedule 2, Part 1, Class F - hardsurfacing i. Schedule 2, Part 2, Class A - gate, wall, fence or other means of enclosure j. Schedule 2, Part 2, Class B - means of access

Reasons

1. The reason for the imposition of these time limits is to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2. In order to define the permission and to avoid doubt.

3. In order to define the permission and to avoid doubt.

4. To safeguard the amenity of the area in accordance with policy EQ11 of the adopted Core Strategy.

5. To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimize the risk of pollution, in accordance with policy EQ7 of the adopted Core Strategy.

6. To safeguard the amenity of the area in accordance with policy EQ11 of the adopted Core Strategy.

7. To protect the existing trees on the site during construction work in accordance with policy EQ12 of the adopted Core Strategy

8. To ensure the proposed development does not prejudice the enjoyment of neighbouring occupiers and to ensure the integrity of trees and vegetation on the site is maintained; to comply with policies EQ4 and EQ9.

9. To protect the existing trees on the site during construction work in accordance with policy EQ12 of the adopted Core Strategy

10. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.

11. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.

12. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.

13. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.

14. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.

15. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.

16. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.

17. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.

18. To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

19. This condition is necessary to protect the White-clawed crayfish and its habitat within and adjacent to the development site. Without it, avoidable damage could be caused to the nature conservation value of the site. Under the Wildlife and Countryside Act 1981 LPAs should take reasonable steps to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest. Under section 40 of the National Environment and Rural Communities (NERC) Act 2006 local planning authorities must have regard to purpose of conserving biodiversity. Surveys of white- clawed crayfish population were undertaken in September and October 2013. A confirmed breeding population extends at least from Spring Pool in Baggeridge to Great Pool in Himley.

20. In order to protect the openness and permanence of the Green Belt against further encroachment in accordance with policy GB1 of the adopted Core Strategy.

21. Informative This approval should be read in conjunction with the Unilateral Undertaking/Planning Obligation entered into under Section 106 of the Town and Country Planning Act 1990 (as amended) which accompanies it. Dated 7th August 2013 associated with application 13/00402/VAR.

22. Proactive Statement

In dealing with the application, the Local Planning Authority has worked in a positive and proactive manner based on seeking solutions to problems in relation to dealing with the planning application, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework, 2012.

15/00543/VAR

Baggeridge Brick Co Ltd Fir Street Gospel End Dudley South Staffordshire DY3 4AA