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Development Management Report Committee and date Item North Planning Committee 6 5th March 2013 Public Development Management Report Responsible Officer: Stuart Thomas email: [email protected] Tel: 01743 252665 Fax: 01743 252619 Summary of Application Application Number: 12/04031/OUT Parish : Weston Rhyn Proposal : Outline application for the erection of 7No dwellings (all matters reserved) Site Address : Land At Upper Chirk Bank Chirk Bank Shropshire Applicant : Mr P.L. Speake Case Officer : Mark Perry email : [email protected] Grid Ref: 329162 - 336869 © Crown Copyright. All rights reserved. Shropshire Council 100049049. 2011 For reference purposes only. No further copies may be made. North Planning Committee – 5th March 2013 Recommendation:- Grant Permission subject to the conditions set out in Appendix 1. Recommended Reason for Approval The proposed residential development is considered to be in a sustainable location which would not impact upon the amenities of neighbours or the safety of highway users. Accordingly it is considered to comply with the aims and requirements of adopted Polices CS4, CS5, CS6 and CS17 of the Shropshire Core Strategy having regard to paragraph 14 of the National Planning Policy Framework and an available residential land supply of less than 5 years. REPORT 1.0 THE PROPOSAL 1.1 This application was previously considered by members at two previous committee meetings; December last year and February this year. Members resolved to defer the application from the December committee to allow a site visit to be undertaken, it was then deferred for a second time at the February upon the recommendation of Officers to allow a revised committee report to be produced to advise members of the very recent advice from the planning policy team regarding the 5 year housing land supply and how this would impact upon decision making and the planning policies that are relevant. 1..2 The submitted application seeks planning permission for a proposed residential development. At this stage the application is for outline planning permission with access, appearance, landscaping, layout, scale all reserved for later approval. As such, the applicant only wants to establish the principle of the development on the site. 2.0 SITE LOCATION/DESCRIPTION 2.1 The application site is a rectangular parcel of land measuring 0.43 hectares is size. The land is currently rough grassland and is not used. The parcel of land is the southern end of a larger field which wraps around a large detached property to the north named Bryn Derw; this property is not owned by the applicant. Access into the site is currently through a metal farm gate. 2.2 The edges of the site are defined by a mature hedgerow along the road frontage and a mix of trees and hedgerows along its eastern and southern boundaries. Beyond the northern edge of the application site the land climbs steeply towards Bryn Derw. 2.3 Existing development in Chirk Bank can be clearly defined into two distinct areas. Firstly there is the liner development along the northern side of Oaklands Road and secondly there is a denser from of development to the western side of Upper Chirk Bank where there is a 1970/80’s housing estate of primarily bungalows and chalet style dwellings. To date the eastern side of Upper Chirk Bank and the southern side of Oaklands Road has remained largely undeveloped as the land has not been included within the development boundary. Contact Stuart Thomas on 01743 252665 Land at Upper Chirk Bank 12-04031-OUT Page 2 of 12 North Planning Committee – 5th March 2013 2.3 The village of Chirk Bank falls within the ‘buffer zone’ for the Pontcysyllte World heritage site. 3.0 REASON FOR COMMITTEEDETERMINATION OF APPLICATION 3.1 The local member has also requested that the application be referred to the Planning Committee. 4.0 Community Representations 4.1 - Consultee Comments Parish Council- support the application as they consider it a suitable location for infill development. 4.2 Tree Officer- There are a number of significant, mature trees on the boundary of the site. These are important in the landscape and amenity of the area and every effort should be made to ensure their long term retention. The trees would not prevent the land from being developed to some extent and would therefore raise no objection in principal to this outline application. Any application for full planning permission and or where size, scale, housing density and access routes are to be consider, this must be supported by a full arboricultural implication assessment and tree protection plan. 4.3 Affordable Housing- It is proposed that 3 of the dwellings (43%) will be transferred to a housing association for occupation by people on an affordable, 'Shared Ownership' basis. This arrangement exceeds the current planning policy requirement for developer sites to deliver 13% affordable housing in accordance with the provisions of the Supplementary Planning Document (SPD) on the Type and Affordability of Housing. 4.4 Drainage- Percolation tests and the sizing of the soakaways should be designed in accordance with BRE Digest 365 to cater for a 1 in 100 year return storm event plus an allowance of 30% for climate change. Or, soakaways should be designed for the 1 in 10 year storm event provided the applicant should submit details of flood routing to show what would happen in an 'exceedance event' above the 1 in 10 year storm event. Flood water should not be affecting other buildings or infrastructure. Full details, calculations and location of the percolation tests and the proposed soakaways should be submitted for approval along with details of the proposed surface water drainage system for the estate road should also be submitted for approval. 4.5 Highways- No objection in principle to the development proposals subject to conditions and informatives. In order to improve pedestrian safety within the vicinity of the site it is recommended that the existing footway link that currently terminates outside Mount House is extended to provide a link between the proposed development site and the junction with Telford Avenue. It is also noted that a bus stop is located in close proximity to the access to the site and will need to be relocated. Contact Stuart Thomas on 01743 252665 Land at Upper Chirk Bank 12-04031-OUT Page 3 of 12 North Planning Committee – 5th March 2013 4.5 Ecology- No objection subject to conditions and informatives. 4.6 81 letters of objection have been received commenting on the following issues: Site is not within the village boundary Impact on drainage system Increase traffic Chirk Bank has limited local amenities Impact on the landscape Site is within the buffer zone of the Pontcysyllte World heritage Site The application is premature Limited bus service 5.0 THE MAIN ISSUES Principle of development Siting, scale and design of structure Visual impact and landscaping Impact on Neighbours 6.0 OFFICER APPRAISAL 6.1 Principle of development 6.1.1 Under section 38(6) of the Planning and Compulsory Purchase Act 2004, all planning applications must be determined in accordance with the adopted development plan unless material considerations indicate otherwise. Since the adoption of the Councils Core Strategy policies the National Planning Policy Framework (NPPF) has been published and needs to be given weight in the determination of planning applications. The weighting to be given to the Core Strategy policies and those within the NPPF are considered in more detail below. 6.1.2 On the 1 st February 2013 the Council published an updated 2012 Five Year Housing Land Supply Statement. The update is based on the changes to the methodology used to calculate supply, having regard to the requirements of the NPPF and recent appeal decisions. The statement shows that there is currently only a 4.1 years worth of housing land supply for Shropshire, this is below the minimum of 5 years supply that is required by paragraph 47 of the NPPF. 6.1.3 The deficiency in housing land supply is significant as it means that some of the current policies regarding the supply of housing land cannot be considered as being up to date, as set out within paragraph 49 of the NPPF which states :- ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites.’ Paragraph 14 of the NPPF states the following :- ‘At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking…...For decision- Contact Stuart Thomas on 01743 252665 Land at Upper Chirk Bank 12-04031-OUT Page 4 of 12 North Planning Committee – 5th March 2013 taking this means that where the development plan is absent, silent or relevant policies are out ‑of ‑date, granting permission unless: –– any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in [the] Framework taken as a whole; or –– specific policies in [the] Framework indicate development should be restricted.’ 6.1.4 Chirk Bank is identified by saved policy H6 of the Oswestry Borough Local Plan (OBLP) as being a ‘Smaller Settlement’. The local plan defines such settlements as being suitable for “limited scale of housing development” and that, “within these settlements, housing development will be permitted on allocated sites and on suitable infill sites within the development boundaries”. The current application site is outside but adjacent to the development boundary drawn around the settlement to support this policy.
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