ITEM NO.
Subject: Submitted Planning Applications Status: For Publication
Report to: Pennines Township Planning Date: 25 June 2014 Committee
Report of: Director of Economy and Environment
Author: See individual agenda reports
1. PURPOSE OF REPORT
1.1 To provide recommendations to the Committee on planning applications or related consents submitted to the Council and requiring the consideration and/or determination of the Committee in accordance with the Council’s approved Scheme of Delegation.
1.2 To provide information on any other planning or development related matters which may affect the work of the Committee.
2. RECOMMENDATIONS
2.1 Recommendations in respect of individual planning applications are as detailed in the following papers.
3. STATUTORY IMPLICATIONS
3.1 The submitted applications on this agenda are to be determined in accordance with the provisions of relevant legislation, including the Town and Country Planning Act 1990, Planning (Listed Buildings and Conservation Areas) Act 1990, Planning and Compensation Act 1991, Planning and Compulsory Purchase Act 2004, Planning Act 2008, Localism Act 2012 and the Town and Country Planning (Development Management) Procedure Order 2010 together with any Circulars and Regulations which support that legislation.
3.2 Planning law requires that applications be determined in accordance with the development plan unless material considerations indicate otherwise. Where relevant, any such material considerations will be referred to in the report.
The Development Plan
3.3 All planning applications referred to in this report have been assessed against the relevant policies and proposals of the development plan for the Borough (currently the adopted Rochdale Unitary Development Plan 2006) and any Supplementary Planning Documents or Guidance adopted by the Council.
National Planning Policy Framework (NPPF)
3.4 In addition, in assessing the submitted planning applications, there is a requirement to have regard to relevant national policies as set out within the National Planning Policy Framework (NPPF) the policies of which are a material consideration. Where relevant, the provisions of the NPPF and any other relevant national guidance will be referred to in the report.
4. RISK ASSESSMENT IMPLICATIONS
4.1 The Council has adopted a Code of Conduct for Members and Officers dealing with Planning Matters. Members and Officers are required to have full regard to the Code in discharging their responsibilities and duties in relation to planning matters on behalf of the Council. The Code seeks to ensure that all decision making is governed by an open and transparent process and represents a standard against which the conduct of Officers and Member sitting on the Committee will be judged.
4.2 A Declaration of Member Interests Register is taken prior to the commencement of the Committee meeting. Advice on whether any Member sitting on the Committee ought to declare any interest on any item on the submitted agenda should be obtained from the Head of Legal and Democratic Services or the Chief Planning Officer.
4.3 The Council’s Standards Committee will monitor the operation of this Code of Conduct.
5. EQUALITIES IMPACTS
5.1 The above Acts require Local Planning Authorities to consider planning applications on their individual merits having regard to the development plan and other material planning considerations.
5.2 The Equality Act 2010 protects people from discrimination on the basis of certain characteristics which are known as protected characteristics. These protected characteristics are Age, Disability, Gender Reassignment, Marriage or Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief, Sex (Gender), Sexual Orientation, socio-economic status and Carer.
5.3 In applying the Equality Act 2010, the Council is required to consider the effects of its decisions on different groups protected from discrimination, including a duty to make reasonable adjustments. In taking account of all material planning considerations, including Council policy as set out in the Unitary Development Plan and the National Planning Policy Framework, the Service Director (Planning and Regulation Services) has concluded all opportunities to promote equality through the planning process have been taken, or where adjustments cannot be made, these are justified on the basis of the planning merits of the development proposal.
5.4 The Rochdale and District Disabled Access Working Group comments on relevant planning applications. Where comments are received, these will be included within the reported to Committee. Consideration is given in designing access when dealing with the planning applications. Where applicable, any issues relating to these matters or other equal opportunity matters will be referred to in individual planning application reports.
6. Human Rights Act 1998 considerations
6.1 The submitted applications need to be considered against the provisions of the Human Rights Act 1998. Under Article 6, the applications (and those third parties, including local residents, who have made representations) have the right to a fair hearing and to this end the Committee must give full consideration to their comments.
6.2 Article 8 and Protocol 1 Article 1 confer(s) a right of respect or a person’s home, other land and business assets. In taking account of all material considerations, including Council policy as set out in the Unitary Development Plan, the Service Director (Planning and Regulation Services) has concluded that some rights conferred by these Articles on the applicant(s)/objectors/residents and other occupiers and owners of nearby land that might be affected may be interfered with but that that interference is in accordance with the law and justified by being in the public interest and on the basis of the planning merits of the development proposal. He believes that any restriction on these rights posed by approval of the application is proportionate to the wider benefits of approval and that such a decision falls within the margin of discretion afforded to the Council under the Town and Country Planning Acts.
Background Papers
The background papers relevant to the planning applications to be considered on this agenda will include:-
1. The Planning application file and its contents which will include:
i) The planning application form and supporting information, together with scaled drawings/plans and relevant statutory certificates. ii) Letters of response from statutory and other consultees who may have been consulted or commented on the planning application iii) Letters and documents received from interested parties. iv) Notes of telephone conversations, meetings and any information received and of relevance to the submitted proposal
2. For any previous planning application referred to in the agenda report or in the application file, the planning application forms and the decision on that proposal
3. Such other papers (if any) received after the preparation of individual reports on planning applications on this agenda (to be reported verbally at the meeting).
4. Any other guidance or procedural documents adopted by the Council and of relevance to the recommendation and/or determination of any submitted planning applications or related consents
For further information about this report, or if you wish to see any background papers please contact: Sharon Hill, Senior Business Support Officer, in Economy and Environment, Number One Riverside, Smith Street, Rochdale, OL16 1XU
Telephone (01706) 924305 or via the online planning services at: http://www.rochdale.gov.uk/planning
Application Number: 14/00120/FUL Ward: Littleborough Lakeside
Proposal: Residential development for the erection of 61 dwellings including access, appearance, layout and associated infrastructure.
Site Address: Former Stansfield Mill Calderbrook Road Littleborough OL15 9NW
Applicant: BDW Trading Ltd & Construction Recycle Services
RECOMMENDATION: Grant subject to conditions
DELEGATION SCHEME
Members have delegated powers to approve or refuse this application on reasonable planning grounds. If Members are minded to grant the application the decision will need to be deferred and delegated to the Head of Planning as the decision would be subject to a) the expiry of statutory publicity in respect of the public right of way running through the site and b) the completion of a S106 agreement.
SITE
This application relates to the site of the former Stansfield Mill, off Calderbrook Road in Littleborough. The area of the application site is approximately 1.6ha. The site is within the Defined Urban Area as designated by the adopted Rochdale Unitary Development Plan.
To the north-west of the site lies are the dwellings of Shawfield Cottage and 1 The Brook, both off Calderbrook Road. To the north is the Stansfield Estate Play Area, (which includes various fixed items of children’s play equipment), off Drake Road. To the north-east are residential properties on Sydney Gardens, Drake Road and Norfolk Close. To the remaining boundaries of the site to the south-east, the south and west is undeveloped land within the Green Belt.
There is the former mill lodge in the north-western part of the site, next to the site access from Calderbrook Road. This acts as an overflow from the two fishing pools on the opposite side of Calderbrook Road, within the “Pennine Trout Fishery” site and then feeds into the culverted watercourse running across the site from north to south. The part of the lodge nearest to Calderbrook Road has been partially filled in however.
The old mill buildings on the site were subject to a major fire in 2012 and have since been largely demolished, with the exception of a small portion of the building at the south-western end and also part of the front wall. The remainder of the site has since been cleared of all buildings and, (except around the edges of parts of the former mill lodge), the vast majority of the original trees have been felled. There are still a few trees and bushes, (but of a poor condition and amenity value), remaining on the site, adjacent to parts of the north-western boundary.
There are mature trees along the western boundary of the site, but they stand outside the application site boundary.
The application site generally slopes gently down in level from north to south, but along its southern boundary, the land then drops down much more steeply to a nearby wooded area known as Shop Wood, which is within the ownership of the Council).
There is a public right of way running along the western boundary of the site from the north- west to the south-east, (ref: LitFp157a). That footpath then leads down through Shop Wood towards Barnes Meadows to the south-east of the site, approximately 250m away.
The nearest Listed Buildings to the site are on Calderbrook Road. These are all Grade II listed and comprise:-
• a row of terraced houses, (Nos.2-7 Lower Calderbrook). These stand 130m away further along that road from the site entrance and 55m away from the northern boundary of the site; • Handle Hall Farm and Barn, on Calderbrook near to its junction with Hey Head Lane. These stand 120m away from the entrance to the site. • St James’ Church, Calderbrook Road. This lies on the opposite side of Calderbrook Road, 120m from the northern boundary of the site and 150m from the site entrance.
DESCRIPTION OF PROPOSAL
This is a detailed application for the re-development of the site with 61 dwellings. The proposal is to rely on the existing means of access into the site from Calderbrook Road. The carriageway of that road into the site is to be widened to 5.5m and improved with the provision of 1.8m footways on either side.
The proposed dwellings for the site are to be a mix of detached, (three and four- bedroomed), semi-detached and terraced dwellings. The houses would be arranged around the access from Calderbrook Road and a circular estate road, with a central spine. The houses are to be constructed using artificial stone with grey concrete roofing tiles. The design and internal layout of the dwellings would be a mixture of the developer’s standard house types.
A direct pedestrian access link is to be provided from the site into the adjacent Stansfield Estate Play Area, but otherwise there is to be no other direct vehicular or pedestrian access between the site and the Drake Road/Barnes Meadows housing estate.
The existing public right of way, which runs through the site along its western boundary, is to be respected and will not require diversion. That route will provide a further pedestrian link between the site and the wider footpath network, including a link to Barnes Meadows to the south.
The proposal would involve the filling in of approximately 60% of the existing former mill lodge at the entrance to the site and the enhancement of that remaining water feature. The remaining section of the natural stone wall alongside the lodge to Calderbrook Road is to be re-instated in natural stone to match the existing wall, and is to extend further into the site. New landscaping is also to be carried out to the southern side of the remaining lodge at the side of the nearest proposed new dwelling and its garden.
RELEVANT PLANNING POLICY
National Guidance
National Planning Policy Framework
The government published its National Planning Practice Guidance on 6 March 2014. This is intended to complement the National Planning Policy Framework and to provide a single resource for planning guidance, whilst rationalising and streamlining the material. Almost all previous planning Circulars and advice notes have been cancelled. Specific reference will be made to the NPPG or other national advice in the Analysis section of the report, where appropriate.
Unitary Development Plan (UDP)
Part One Policies, (in bold), and Part 2 Policies:
G/D/1 Defined urban area
G/H/1 Housing H/3 Residential developments outside allocated areas H/6 Provision of recreational open space in new housing development H/5 Residential density H/7 Affordable housing
G/A/1 Accessibility A/3 New development – access for pedestrians and disabled people A/8 New development – capacity of the highway network A/9 New development – access for general traffic A/10 New development – provision of parking A/11 New development – transport assessments A/13 Local walking route network
G/BE/1 Design Quality BE/2 Design criteria for new development BE/7 Street furniture and the public realm BE/8 Landscaping in new development
G/EM/1 Environmental protection and pollution control EM/4 Contaminated land EM/7 Development and flood risk EM/8 Protection of surface and ground water EM/10 Derelict land and building
G/EM/12 Renewable energy and energy conservation EM/13 Energy efficiency and new development
G/NE/1 Nature conservation NE/3 Biodiversity and development
G/NE/5 Landscape and woodlands NE/6 Landscape protection and enhancement NE/6 Development affecting trees, woodlands & hedgerows
Supplementary Planning Documents
• Oldham & Rochdale “Public Realm Design Guide – a guide to creating good streets and spaces”
• Oldham & Rochdale “Residential Design Guide”
• Guidelines & Standards for Residential Development” – Rochdale supplementary planning guidance note
• “Energy & New Development” Rochdale supplementary planning document
• “Affordable Housing” Rochdale supplementary planning document
• “Provision of Recreational Open Space in New Housing” Rochdale supplementary planning guidance note.
• The Littleborough Town Design Statement has partial status as supplementary planning guidance to the UDP.
RELEVANT PLANNING HISTORY
2013 - Remediation and land re-grading works for the proposed re-development of the site, (reference: 13/01171/FUL). Approved.
CONSULTATION RESPONSES
Highways & Engineering:-
There are no objections to this application.
The proposal is only likely to generate an average of one vehicle movement every two minutes in the morning and evening peak hours. With this relatively low traffic generation, it is therefore not considered that any objection to the application could be sustained on there being insufficient capacity in the local highway network.
The access from the site to Calderbrook Road is considered to be of a sufficient design/layout for a housing development of this size and nature. The proposed 2.4m x 43m visibility splay at the site entrance is also considered to ensure highway safety and should be secured by condition. The internal access road layout, together with the proposed off-street parking arrangements for the houses, is also considered to be acceptable. The site has ample parking provision and service vehicles can easily navigate this development.
Public Rights of Way run adjacent and though this site. The proposals to accommodate this route are acceptable.
Environmental Health, (Contamination):-
No objections, subject to the imposition of a suitable condition to secure the validation of the proposed remediation scheme for the site.
Environmental Health, (Noise & air pollution):-
No objections. A planning condition should be imposed to limit the hours of working on the site, (for the construction period), to between 07:30 hours and 18:00 hours Mondays to Fridays, 09:00 hours and 14:00 hours on Saturdays, with no working on Sundays.
Strategic Planning:-
There are no objections in principle to this proposal and it should be noted that the residential re-development of this site is also included within the Council’s Strategic Housing Land Availability Assessment (SHLAA) as a site appropriate for residential development.
Policy H/6 of the UDP and the Provision of Recreational Open Space in New Housing SPD states that there may be circumstances where recreational open space provision conveniently located in relation to the new development is of sufficient quantity and quality to cater for both the new residents and existing residents. This development adjoins an existing large area of open space, which can be directly accessed from the proposed development and it is accepted that this is of sufficient quantity to meet the needs of new and existing residents. However, consultation with residents has identified that some improvements are required to increase the range of children’s play equipment on the site. The applicant has offered an off- site contribution to improve the quality of this open space. If the improvements identified are undertaken, it is considered that this will mean that, in this instance, the requirements of the policy and the SPD will have been met.
Greater Manchester Ecological Unit:-
The application site currently has limited ecological value and therefore there are no objections to the planning application on nature conservation grounds.
It is noted that the most important ecological feature on the site, (a former mill lodge close to Calderbrook Road), will be partly retained as part of the housing scheme. Ponds are a priority habitat for conservation in Greater Manchester and therefore this element of the proposal is supported.
Given the semi-rural location of the site, any proposals for high-quality landscaping and the introduction of features for biodiversity, (e.g. bat boxes, bird boxes), as part of the development, should also be encouraged.
Greater Manchester Archaeological Advisory Service :-
No objections in principle.
This proposal affects the site of Calderbrook Mill (Stansfield Works). This is shown as a printing works on the 1848 OS map but by the late 19th century, it is described as a dye works. There are two reservoirs and it is quite possible that an earlier water-powered mill was in existence here. Most of the original mid-to-late 19th century buildings have been demolished and the remaining buildings date mainly from the early 20th century and appear to be of local significance. However, there may be some early 19th century structural remains on the west side of the complex. It is clear from looking at the historic map sequence that there is good potential for below-ground archaeological remains relating to the early use of this site as a textile finishing and possible spinning works.
GMAAS responded to a request for pre-application advice in relation to this site (ref. PREAPP/00026/13) on July 29 2013. GMAAS have also responded to a previous consultation regarding proposed site enabling works and remediation (planning ref. 13/01171/FUL). In respect of the latter GMAAS recommended (letter dated December 19 2013) that a programme of archaeological works be attached as a condition of the planning consent and that this be undertaken ahead of any remediation groundworks commencing. Unfortunately it would appear that some remediation works, including some building demolition and earthmoving, has been undertaken ahead of the archaeological works. Nonetheless, some potentially significant earlier buildings and areas of the site still remain relatively unaffected and retain a considerable archaeological potential.
The current application has been submitted and supported by an archaeological desk-based assessment prepared by CS Archaeology, dated January 2014. This report has been examined and commented upon by GMAAS. The report presents a detailed account drawing together a range of documentary, cartographic and index information supported by a site walkover and photographic record.
Should planning consent be issued, GMAAS would recommend that a further suitable condition be attached to the planning consent requiring that a programme of archaeological work be undertaken, taking place ahead of the commencement of this development.
Environment Agency:-
No objections, subject to the imposition of suitable planning conditions to secure the following:-
• The implementation of the previously agreed remediation works for the site, including a verification report; • A scheme for the diversion of the existing culverted watercourse across the site; • A scheme for surface water regulation across the site; • A scheme for a landscape management plan for the landscaped areas within the site, (excluding private garden areas); • A scheme for the remodelling of the retained, smaller lodge within the site; • A scheme for the removal or the long-term management of any invasive species within such as Himalayan Balsam, Curly Waterweed and Rhododendron.
United Utilities:-
No objection to the proposal provided that the following conditions are met: -
• No surface water from this development is discharged either directly or indirectly to the combined sewer network
• This site must be drained on a separate system, with only foul drainage connected into the foul sewer. Surface water should discharge to the nearby water body as stated on the planning application to meet the requirements of the National Planning Policy Framework (PPS 1 (22) and PPS 25 (F8)) and part H3 of the Building Regulations.
• A public sewer crosses this site and we will not permit building over it. We will require an access strip width of 6 metres, 3 metres either side of the centre line of the sewer.
REPRESENTATIONS
The application was advertised by means of a press notice and a site notice that the proposal affects the setting of the nearby listed buildings and a public right of way. The appropriate neighbouring and nearby properties were also notified of the application.
Nine objections have been received, which are based on the following summarised grounds:-
1. Calderbrook Road is an unsuitable highway on which to base any more development. It is a winding, country lane, which is narrow in places. Where cars are parked in certain places along its length, it becomes even narrower and even more dangerous to use. The junction of Shore Road/Hare Hill Road with Calderbrook Road and the stretch near the Littleborough Community Campus School in Littleborough is usually subject to on-street parking and becomes very congested at times. Any further increase in traffic using that stretch of the road would therefore be unacceptable;
Officer response:-
The application is accompanied by a detailed transport assessment. The Council’s highway engineers have raised no objection to the proposal on traffic capacity or highway safety grounds however.
2. The vehicular access to the site is at a dangerous point on Calderbrook Road, with only poor visibility for vehicles using this junction. The proposal to build so many houses on the site would therefore be a major danger to road safety, both to drivers and pedestrians;
Officer response:-
There are no objections to the proposal on this point from the Council’s highway engineers who consider the visibility at the access to be more than sufficient.
3. There is a former mill lodge at the site entrance, which has ecological value. Has any ecological survey been carried out on the site? The proposal would reduce the size of that water feature and would therefore significantly harm both its ecological value and also reduce its contribution to the local landscape;
Officer response:-
The former mill lodge is to be reduced in size as part of the proposal by approximately 60%. The retained portion of the lodge is also to be slightly narrowed in width, in order to allow a 5.5m wide vehicular carriageway to be formed to lead into the site with 1.8m wide footways on either side. The retained part of the lodge is to be enhanced however, by re-constructing the original natural stone wall around its northern and western edges and by new landscaping.
The application is accompanied by an ecological survey of the site, but its conclusions are that the site is not of any particularly high ecological value. The Greater Manchester Ecological Unit has raised no objections to the application.
4. The proposed total of 61 houses for the site is too high and the density should be reduced;
Officer response:-
There are no national, or even local, limitations on the density of a new residential site. The density of the proposed development would represent 35.6 homes per hectare. This is similar to the density of the adjacent housing development along Drake Road, (the Stansfield estate). It is not considered that this is a particularly high density of development, given its location and its surroundings.
5. The proposal may adversely affect the adjacent area of woodland to the south known as Shop Wood that is within an attractive, small valley and which is highly valued by the local community for its amenity and walking value. There is a public right of way running through the site, linking Calderbrook Road with the local footpath network and this must be kept open for public use.
Officer response:-
The proposal does not encroach into any part of this woodland. The existing right of way running from north to south through the site, along its western boundary, would not be obstructed or diverted as part of the proposal.
6. The proposal would spoil the views of the countryside at this location and would devalue local property values;
Officer response:-
It is not considered that the proposal would spoil the views into the countryside at this location, although this point will be referred to in more detail later in the report. Any effect on local property values is not a valid planning consideration.
7. The drainage system in this area is old and in need of upgrading and sometimes the road floods in periods of heavy rainfall. Building so many new houses on the site would only make these problems worse;
Officer response :-
There have been no objections to the proposal from either the Environment Agency or United Utilities on these grounds. The site lies at a lower level than Calderbrook Road and so if any drainage difficulties were to occur in the future, then they would not be likely to increase the severity of any flooding along that road.
8. The development would destroy the historical archaeological interest that exists on this old former industrial site;
Officer response:
The Greater Manchester Archaeological Advisory Service has raised no objections to the application subject to appropriate archaeological investigations being undertaken before the development is commenced. A scheme of such works has already been agreed under the previous planning application 13/01171/FUL, for the remediation and land re-grading works for the proposed re-development of the site and the desktop archaeological investigation is underway. If the current application were to be approved, then those investigations would still be required to be undertaken before the house building works take place.
9. The site was previously occupied by dye works and the site may therefore be contaminated by toxic materials.
Officer response :
A detailed scheme for the remediation of the site has already been agreed under the previous application 13/01171/FUL, for the remediation and land re-grading works for the proposed re-development of the site. If the current application were to be approved, then that remediation scheme would be required to be fully undertaken before the house building works take place.
10. The application makes no reference to the Littleborough Town Design Statement. The design/external appearance of the new houses should pay careful regard to that design guidance in that document.
Officer response :
The Littleborough Town Design Statement has been partially adopted as Supplementary Planning Guidance to the UDP. The purpose of that document is to identify the distinctive character of the town of Littleborough, as well as its outlying rural areas, and to try and influence new development to respect and enhance that character. The document is therefore most relevant and useful within the main, older, areas of the town, where the building design is most ‘special’ to the local ‘townscape’.
This site is relatively remote from the town centre however. Although there are some older buildings not too far away along Calderbrook Road, (including some listed buildings), it is not considered that the appearance of the site would be closely ‘read’ with the character of that road. Most of the proposed new dwellings on the site would be seen more closely in the context of the much more modern Stansfield housing estate off Drake Road/Barnes Meadows or viewed simply as a ‘stand alone’ development site.
Given these circumstances, it is not considered that much of the detailed guidance on design contained in Littleborough Town Design Statement is of particular relevance to this proposal. Nonetheless, it is considered that the proposal respects the most relevant guidance of the Town Design Statement, as well as the other relevant SPG advice, UDP policies and the NPPF.
ANALYSIS
The principle of development
This site is ‘brownfield land’, (i.e. it has previously been developed). As the site lies within the defined urban area, there are therefore no land use objections to this proposal in principle. The application therefore falls to be considered against the other relevant policies of the UDP and, most importantly, UDP policy H/3 – Residential developments outside allocated areas:
This policy reads as follows:-
Proposals for housing development on sites not allocated for housing or any other use in the plan will be permitted provided that: a) The site is on previously developed land; b) The site is well located in terms of access to jobs, shops and services by modes of transport other than the car; c) The development provides a mix of dwellings in terms of type and size; d) The proposed development is compatible with the Plan’s policies dealing with flood risk, unstable land, contaminated land and landfill gas; and e) The proposed development is compatible with surrounding uses, including highways, both in terms of its impact upon those uses and the impact of surrounding uses upon the amenity of future residents.
Criterion a); the site is on previously developed land;
Criterion b); the site is next to Calderbrook Road, which is a bus route served by the 454 service, (which runs on a 30 minute frequency Mondays to Saturdays), with the nearest bus stop being a five minute from the development site next to St James Church, as well as on Barnes Meadows. There are also further bus routes available from Barnes Meadows. Littleborough town centre is just over 2km away, (approximately a 25 minute walk). Although access to jobs, a choice of shops and most other services on foot is therefore not ideal, it is not considered that the location of the site is inherently unsustainable or is so remote as to justify any reasonable objection under this criterion;
Criterion c); The proposal is for a reasonable mix of dwelling types, comprising detached, semi-detached and terraced houses;
Criterion d); There are no objections to the proposal under the terms specified in this criterion (see consultation responses and the analysis below);
Criterion e); There are no objections to the proposal under the terms of this criterion (see analysis below ).
It is therefore considered that the proposal satisfies UDP H/3.
The National Planning Policy Framework, (NPPF), contains a strong presumption in favour of sustainable development. This is a previously developed, (brownfield) site, which is in a reasonably sustainable location within the defined urban area, where the proposals will bring about the remediation of previously contaminated land. It is therefore considered that the principle of the proposal has the full support of the NPPF.
Access, highways and parking
Policies A/8 and A/9 of the Rochdale Unitary Development Plan state that new development will be permitted provided that the additional traffic generated would not be detrimental to the safe and efficient operation of the highway network, both adjacent to and further away from the site.
There are no objections to the proposal in principle raised by the Council’s highway engineers, based on these grounds. The submitted Transport Assessment demonstrates that there would be no adverse impact on traffic capacity or the operation of the surrounding highway network.
As has been stated by the Council’s highway engineer, the proposal is only likely to generate an average of one vehicle movement every two minutes in the morning and evening peak hours. With this relatively low traffic generation, it is therefore not considered that any objection to the application could be sustained on there being insufficient capacity in the local highway network or that it would have an unacceptable effect on the use of the longer length of Calderbrook Road, further away from the site. The proposal is to achieve a visibility splay of 2.4m x 43m visibility splay at the site entrance and this is considered to be acceptable for the type and scale of the proposed development
Each house within the site is to be provided with two off-street parking spaces in the form of either double space driveway parking or a driveway plus an integral garage. It is considered that the submitted parking details will be acceptable. A public right of way (LitFp157a) runs through the site but would not be obstructed or diverted by the proposed site layout. The current legal route of the right of way closely hugs the western boundary of the site. The proposed road layout, including its footway, would not follow that route in its entirety. For a 22m length it would deviate to a parallel route 3m to the side of the right of way and the gap in- between the new footway to the road and the legal route of the right of way would be landscaped. Footpath users would therefore be able to still walk along the current legal route of the footpath if they wished or,, they could instead walk along the hard-surfaced, new footway alongside the access road that would be constructed here.
Design
UDP policy BE/2 and the advice in the supplementary planning guidance is most relevant.
The proposal is to use standard house types but this approach is considered to be acceptable on this site. The site is not within a conservation area nor is it closely adjoined by any listed buildings and therefore it is not considered that there any particular design constraints or influences that the proposal needs to pay regard to. The proposal represents the re- development of a cleared industrial site, which is partly adjoined by relatively modern residential development on the Stansfield Estate.
The design and layout of the proposed houses are considered to be acceptable and the proposal is to construct the dwellings from an artificial stone material.
The site layout will provide a safe and convenient means of pedestrian access to the adjacent Stansfield Estate play area. The proposed dwellings would face onto that area over a new hedgerow along that boundary of the site and there would be no new houses/private gardens backing onto that open space. The layout is therefore considered to respect that open space and it should also improve the ‘passive surveillance’ of its children’s play equipment.
Residential Amenity
It is not considered that the proposal would give rise to any difficulties with the existing surrounding homes and gardens around the site. The proposed site layout would satisfy the Council’s normal relevant minimum standards for spacing and intervening distances between the proposed dwellings and the existing homes around the site.
The layout of the new homes within the site is also considered to acceptable and should secure satisfactory levels of privacy, aspect and outlook for the future residents of the site
Ecology, trees and landscaping
Ecology:
The site is not within any statutory or non-statutory designated wildlife conservation areas. The vast majority of the site has been re-graded and all the original ‘green’ areas of the site have therefore been significantly disturbed. Most of the site now consists of bare ground and sub- soil piles, and the site therefore has now only very low ecological value.
The Phase 1 Habitat Survey of the site has revealed no evidence of any protected species. The former mill lodge is considered to have only a ‘poor’ suitability value to support great crested newts, (mainly because of its relatively high stock of fish). No protected plant species were found on the site in the habitat survey. The remaining part of the mill building was assessed as having low potential to support roosting bats.
In summary, there are no ecological grounds to resist this proposal and this view is shared by the Greater Manchester Ecological Unit.
The proposal is to retain approximately 40% of the existing mill lodge, next to the site entrance and to enhance that feature with new landscaping. Those works should retain, and also help create some enhanced, ecological value for the site in the future. Secured by condition?
Trees:
The site has been cleared of almost all of the trees that previously stood on the site. There are a few trees still standing next to the site boundaries of neighbouring gardens to the north-west but the submitted arboricultural report states that these trees are of only of poor health/condition.
There are a few more trees and overgrown bushes along the north-eastern edge of the former mill lodge, but again these are all self-seeded specimens and are of generally poor condition and quality.
The proposal is to fell the two remaining mature trees standing on the north-western boundary with the neighbouring properties; neither tree is in good condition and their retention would pose significant difficulties with the proposed road and housing layout. As there are other nearby trees within the neighbours’ gardens, it is not considered that the loss of these two trees would have an unacceptable impact on the existing visual amenities of the vicinity.
The treatment of the existing trees/planting along the edge of the mill lodge is discussed in the following section of the report.
Landscaping
As part of the development, appropriate new landscaping planting, including trees and bushes, is to be carried out in the front gardens and in the small areas of public amenity open space throughout the site.
The effect on the existing former mill lodge within the site
This is an attractive feature within the site, which has some limited ecological value. Given its location at the entrance to the site, with the remains of its original attractive, low dry stone wall next to Calderbrook Road, it is still an important local landscape feature that should be incorporated into the proposed development, in accordance with the relevant criteria of UDP policies BE/2, BE/8, NE/3 and NE/6.
Although the size of the lodge would be reduced to approximately 40% of its current size, this is considered to be an acceptable consequence of the proposed development. UDP policy NE/3-biodiversity and development, states that any development should seek to retain such features as ponds/mill lodges and incorporate them into the development. Where this would place an unreasonable constraint on the development, steps to provide compensatory features or habitats of an equivalent nature and value, commensurate with the scale and type of development may be required.
The existing size of the lodge is quite large and it occupies a relatively important area of the application site at the site entrance. It is therefore considered that the retention of the lodge at its current size would place an unreasonable constraint on the development of the site.
As has already been stated previously, the northern end of the lodge, (next to Calderbrook Road), has been partly filled in and much of the original low stone wall around that part of its boundary is now either missing or has been very crudely rebuilt with inappropriate materials. The lodge therefore has a ‘neglected’ appearance, which only makes a poor contribution to the ‘street scene’ along this part of the road.
The currently ‘filled in’ area of the lodge is to be ‘dug out’, to restore the original shape and depth of the lodge here. The proposal is also to reconstruct the stone wall to its original appearance alongside Calderbrook Road and along the side of the lodge into the site as far as the first proposed development plot. Appropriate new landscaping is also to be planted along its southern edge within the site, alongside the side boundary of the first new dwelling and garden within the site.
The end result would therefore be a smaller area of water, but with the re-built stone wall, the ‘restoration works’ to the lodge and the new landscaping, this should enhance its contribution to local visual amenity.
Impact on the nearest listed buildings on Calderbrook Road
The proposed development site would not be seen in the context of these listed buildings when viewed from Calderbrook Road for a number of reasons;
• the listed buildings are too far away; • they are set at a higher level than the site; • they are separated from the site by other existing dwellings and trees.
When viewed from the rear from along Barnes Meadows, (across the Stansfield Estate Play Area), the rear elevations of the listed buildings of Nos.2-7 Calderbrook Road would be partly seen in conjunction with the proposed development. However, it is not considered that with the intervening gap of over 50m, with the slight change in ground level and also the presence of the existing landscaping at the rear of these homes, that the proposed new houses would be an unacceptable impact upon the setting of those listed buildings.
Drainage and flood risk
The accompanying Flood Risk Assessment, (FRA) and Drainage Strategy confirms that the site is located within Flood Zone 1 and is not at risk of river flooding.
In the FRA, an Internet based search for flooding events did not recall any historical flooding in the immediate site area. Consultation with various interested parties also failed to highlight any historical flooding in or adjacent to the application site.
In light of the relatively low flood risk from all of the sources reviewed, the principle focus of the submitted Flood Risk Assessment is on the effective management of future surface water drainage arising from the development of the site.
It is proposed that the surface water run-off generated by the development’s impermeable area be discharged to the existing ordinary culverted watercourse, which crosses the site. The watercourse is proposed to be diverted through site, as part of this development and connections to this existing system throughout the site are proposed. The culverted watercourse ultimately discharges into the open stream running through Shop Wood immediately to the south of the application site.
The Environment Agency has raised no objections to the application on any drainage or flood risk grounds.
The proposal is to divert the route of the existing sewer across the site and therefore this would satisfy the relevant requirements by United Utilities over that apparatus.
Provision of recreational open space
The site is adjacent to the Stansfield Estate Play Area. This is a Council-owned area of public recreational open space that contains various items of fixed play equipment and also, (near to its boundary with Barnes Meadows), a covered youth shelter/meeting point. The overall size of the Play Area is approximately 0.75 hectare and it comprises a mown area of grass, which generally slopes gently down in level from north-west to south-east. This play area is currently separated from the application site by a line of galvanised palisade fencing that was erected by the previous site owners to secure their premises. That unattractive fencing is to be taken down as part of the proposal and is to be replaced by a line of new hedgerow planting within the development site. The proposed site layout provides for a direct pedestrian link between the site and the Stansfield Estate Play Area and so the future residents of the site would have easy and convenient access to this open space.
UDP Policy H/6- Provision of Recreational Open Space in New Housing Development and its associated Supplementary Planning Document, requires new housing developments to make adequate provision for recreational open space. Normally, for proposals containing more than 100 bedrooms, (this development would have 199), the informal recreational public open space, (POS), should be provided within the site. However, this policy also states that there may be circumstances where recreational open space provision which is conveniently located in relation to the new development is of sufficient quantity and quality to cater for both the new residents and existing residents. Given that the site is adjacent to, and will be provided with direct access to, the existing Council owned Stansfield Hall Play Area POS, it is accepted that this area is of sufficient quantity to meet the needs of new and existing residents.
However, consultation carried out by officers from Environmental Management with residents has identified that some improvements are required to increase the range of children’s play equipment on the site, particularly in respect of provision for children between the ages of 2 and 7. The applicant has offered a financial contribution which would meet the cost of this play equipment and would improve the quality of this open space. It is also considered that the hedgerow planting along the boundary would, to a lesser degree, improve the quality of the open space.
A contribution to formal outdoor sports facilities, which could be spent across the Borough, in accordance with Policy H/6 and the associated SPD, is also being provided. The total contribution (including a 4% administration fee) would be £120,000. These monies would be secured through a S106 agreement, which would ringfence £19,335 to the identified improvements at the Stansfield Estate Play Area.
It is therefore considered that the proposal is in accordance with Policy H/6 of the Rochdale Unitary Development Plan and its associated SPD, provided the developer enters into a S106 agreement to secure these contributions, as included within the recommendation below.
Affordable housing
The Council’s affordable housing requirements are contained in UDP policy H/7 and its associated Supplementary Planning Document. The normal requirement is for developments of 15 or more dwellings to provide 15% of the units at an affordable level or to provide an off- site financial contribution equivalent to 7.5% of the total site value.
The applicants are arguing that to provide affordable housing provision on this site would be make the development of the site unviable and they have submitted a viability assessment to demonstrate their case. This is due to the high costs associated with the remediation of this former industrial site, which are being met by the applicant. Their viability assessment currently shows that the development of the site would produce a profit slightly less than the normally accepted 18% figure required to make such a project viable in the current housing market, with no contribution to affordable housing, but including the £120,000 contribution to public open space.
The shortfall is marginal and is inevitably based on anticipated or theoretical estimates and assumptions. Further work is taking place to fully investigate this and its conclusions will be reported verbally to Members at the committee meeting.
RECOMMENDATION
It is recommended that the Committee resolve:-
That Members are minded to GRANT planning permission subject to the conditions set out below and subject to the completion of a planning obligation under S106 of the Town and Country Planning Act 1990 (as amended) in order to secure the following:
(i) a commuted sum payment of £120,000 for the provision / improvement of off-site recreational open space, including a sum of £19,335 to be ringfenced to the Stansfield Estate Play Area in accordance with Policy H/6 of the adopted Rochdale Unitary Development Plan and its associated Supplementary Planning Document: Provision of Recreational Open Space in New Housing Development.
That the Head of Planning be authorised to issue the decision notice upon completion of the planning obligation to secure the above purposes.
Conditions
1 The development must be begun not later than the expiration of three years beginning with the date of this permission.
Reason: To comply with the requirements of section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2 This permission relates to the following plans:-
Site location plan, dwng. No.438/SL/01
Planning layout, dwng. No.438/PL/01 Rev E
Material schedule, dwng. No.438/MS/01 Rev E Boundary treatment plan, dwng. No.438/P/BTD/01 Rev D Architectural constraints plan, dwng. No.2927/DR.13 101 Engineering layout, dwng. No.438/ED/01 Engineering layout, dwng. No.438/ED/02 Rev A Engineering layout, dwng. No.02 Rev A Hard landscaping layout, dwng. No.438/P/HL/01 Rev C Waste refuse layout, dwng. No.438/WRL/01 Rev D
Single detached garage, dwng. No.2010/DET/C/135 Single detached garage, dwng.No.2010/DET/CS/136
Prelim drainage layout, dwng. No.438/ED/SK01
The Barwick, dwng. No.2010/BAR/C/01 The Barwick (det), dwng. No.2010/BAR/C/02 The Brentwood, dwng. No.2010/BRE/C/01 The Dartmouth, dwng. No.2010/DAR/C/01 The Faringdon, dwng. No.2010/FAR/C/01 The Fawley, dwng. No.2010/FAW/C/01 The Helmsley, dwng.No.2010/HEL/C/01 The Lincoln, dwng.No.2010/LIN/C/01 The Morpeth, (det), dwng. No.2010/MOR/C/01 TheOakham, (end) dwng. No., 2010/OKH/C/02 The Oakham (mid), dwng. No.2010/OKH/C/03 The Oakham, dwng. No.2010/OKH/C/0' The Oakham, (semi), dwng. No.2010/C/01 The Tavistock, dwng. No.2010/TAV/C/01 The York, dwng. No.2010/YOR/C/01 The Barwick/Morpeth, stone elevation, dwng. No.438/BAR/C/01
and the development shall not be carried out other than in complete accordance with these drawings hereby approved.
Reason: For the avoidance of doubt and to ensure a satisfactory standard of development in accordance with the policies contained within the Rochdale Unitary Development Plan and the National Planning Policy Framework.
3 Before any development first takes place on site, other than in association with the remediation scheme submitted and approved under planning permission 13/01171/FUL, this remediation scheme shall be fully implemented in full accordance with the approved details. There shall be no variation of the approved remediation scheme unless this variation has first been submitted to and approved in writing by the Local Planning Authority.
In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it shall be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment shall be undertaken and where remediation is necessary a further remediation scheme shall be prepared and submitted to and approved in writing by the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme(s), a verification report shall be submitted to and approved in writing by the Local Planning Authority. That report shall include reports of any supplementary investigations carried out including additional ground water monitoring and surface water monitoring. It shall also include a plan for the long-term monitoring and maintenance for pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved. Reason: In order to ensure that the site can be safely developed for residential use, in accordance with policies EM/4, EM/7 and EM/8 of the Council's Unitary Development Plan.
4 No development shall take place until a scheme for the diversion of the existing culverted watercourse within the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall show that the diverted culvert is capable of conveying the 1% AEP flood flows with a 20% allowance for climate change and that an overland flow route would exist across the site without dwellings being affected by flood water.
The agreed scheme of works shall be fully implemented prior to the occupation of the first new dwelling on the site and in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.
Reason: To reduce the risk of fluvial flooding, in accordance with policies EM/7 and EM/8 of the Council's Unitary Development Plan and the relevant advice contained within the National Planning Policy Framework.
4 No development shall take place until all the existing trees within the site, (except those shown to be removed on the approved plans), have been enclosed with temporary protective fencing in accordance with BS:5837 2005 Trees in relation to construction Recommendations. The fencing shall be retained throughout the period of construction and no work, excavation, tipping, or stacking/storage of materials shall take place within such protective fencing during that period.
Reason: In order to protect the existing trees on the site in the interests of the amenities of the area and in accordance with Policies BE/2, BE/8 and NE/8 of the Council’s Unitary Development Plan.
5 No development shall take place until the applicant or their agents or their successors in title has secured the implementation of a programme of archaeological works in accordance with a Written Scheme of Investigation (WSI) which has been submitted to and approved in writing by the local planning authority. The WSI shall cover the following:
1) A phased programme and methodology of site investigation and recording, as set out in the CS Archaeology Desk Based Assessment Archaeological Mitigation chapter (section 11) and Figure 11, submitted as part of this application. This will include: - targeted archaeological evaluation (areas B and D) - (depending upon the results of the evaluation) area excavation and recording - a strip and record exercise for Area E - a historic building survey of building A (Talley House). 2) A programme for post-investigation assessment to include: - analysis of the site investigation records and finds - production of a final report on the significance of the archaeological, architectural and historical interest represented. 3) Provision for dissemination of the results of the site investigation, commensurate with their significance. 4) Provision for archive deposition of the report, finds and records of the site investigation. 5) Nomination of a competent person or persons/organisation to undertake the works set out within the approved WSI.
Reason:To protect and record any archaeological interest of the site in accordance with Policy BE/10 of the Rochdale Unitary Development Plan and the relevant guidance in the National Planning Policy Framework.
5 No development shall take place, with the exception of any remediation works in association with planning permission 13/01171/FUL or Condition 3 of this permission, until a scheme for the regulation of surface water has been submitted to and approved in writing by the Local Planning Authority. The scheme shall show compliance with the Council’s Strategic Flood Risk Assessment User Guide to reduce rates of run-off.
The approved scheme shall be fully implemented prior to occupation and in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.
Reason: To ensure the satisfactory discharge/storage of surface water run-off, in accordance with policies EM7 and EM/8 of the Council's Unitary Development Plan and the relevant advice contained within the National Planning Policy Framework.
6 No clearance of trees and shrubs in preparation for (or during the course of) development shall take place during the bird nesting season (March – August inclusive) unless an ecological survey has been submitted to and approved in writing by the Local Planning Authority to establish whether the site is utilised for bird nesting. Should the survey reveal the presence of any nesting species, then no development shall take place during the period specified above.
Reason: In order to prevent any habitat disturbance to nesting birds in accordance with the requirements of Unitary Development Plan policy NE/3.
6 Within 56 days of development first taking place on site, with the exception of any remediation works in association with planning permission 13/01171/FUL or Condition 3 of this permission, a landscape management plan, including long- term design objectives, management responsibilities and maintenance schedules for all landscaped areas, (except privately owned domestic gardens), shall be submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be implemented in full accordance with the approved details.
The scheme shall include the following elements: - details of the extent and type of new soft landscaping including planting schedule largely based on native species; - details of any retained soft landscaping on site.; - details of maintenance regimes; - details of treatment of site boundaries and/or buffers adjoining water bodies;
- details of any new culvert diversion works and landscape reinstatement necessary as part of development in stream valley; - details of management responsibilities.
Reason: To ensure the protection of wildlife and its supporting habitat in line with national planning policy and policy NE/3 of the Council's Unitary Development Plan.
7 Notwithstanding any details shown on the submitted plans, the dry stone wall around the lodge at the entrance to the site shall be retained, repaired and extended around the lodge in accordance with a detailed scheme of works that shall first be submitted to and approved in writing by the Local Planning Authority. Repair and extension of the wall shall be carried out in natural stone. The agreed scheme of works to repair/reconstruct the wall shall be undertaken and completed before the 50th dwelling is first occupied on the site.
Reason: Insufficient details of this matter were submitted as part of the application. The condition is necessary to secure a suitable standard and quality of development at the entrance to the site, in accordance with policies BE/2 and BE/11 of the Council's Unitary Development Plan and the relevant advice contained within the National Planning Policy Framework.
8 Within three months of the development first taking place on site, a detailed scheme for the retained area of the former mill lodge at the entrance to the site shall be submitted to and approved in writing by the local planning authority. That scheme of works shall include the following details:
- the proposed water level of the lodge, in relation to the surrounding ground levels; - all details of the lodge re-sectioning and re-modelling works, to maximise its ecological value; - details of any new retaining structures to the edges of the lodge;
- the timing of the works; - the means of supplying the lodge with water; - the means of draining the lodge, together with its overflow arrangements.
The scheme of works shall be implemented in full accordance with the approved scheme and shall be fully completed not later than the occupation of the 50th dwelling on the site.
Reason: No such details were submitted as part of the application. The condition is necessary to satisfy policies BE/2, EM/7, EM/8 and EM/11 of the Council's Unitary Development Plan and the relevant advice in the National Planning Policy Framework.
9 Unless otherwise agreed in writing by the Local Planning Authority, no building or engineering operations within the site or deliveries to and from the site shall take place other than between 07:30 hours and 18:00 hours Monday to Friday and between 08:30 hours and 14:00 hours on Saturdays, and not at all on Sundays or Bank Holidays.
Reason: In order to protect the amenities of existing residents in accordance with Policy EM/3 in the Rochdale Unitary Development Plan.
11 Energy efficiency measures (detailed wording to be confirmed).
12 Visibility splays of 2.4 metres by 43 metres shall be provided in both directions along Calderbrook Road at its junction with the site access before any of the dwellings hereby permitted are first occupied. The area of land between the visibility splay line and the highway boundary shall thereafter be kept clear of all obstructions in excess of 1 metre in height.
Reason: In the interests of road safety, in accordance with policy A/9 of the Council's Unitary Development Plan and the relevant advice contained within the National Planning Policy Framework.
13 Within 56 days of development first taking place, a detailed method statement for removing or the long-term management / control of any Himalayan balsam, Curly waterweed and Rhododendron plant species present on the site, shall be submitted to and approved in writing by the Local Planning Authority. The method statement shall include measures that will be used to prevent the spread of these invasive plant species during any operations e.g. mowing, strimming or soil movement. It shall also contain measures to ensure that any soils brought to the site are free of the seeds / root / stem of any invasive plant listed under the Wildlife and Countryside Act 1981, as amended. Development shall take place in accordance with the approved method statement.
Reason: To prevent the spread of these invasive plant species to improve the nature conservation value of the site, in accordance with policy NE/8 of the Council's Unitary Development Plan and paragraph 109 of the National Planning Policy Framework.
14 Noise levels from the operation of the pumping station and the electricity sub-station shown on the approved plans as measured at the site boundary shared with No.13 Norfolk Close shall not exceed 40d(B)A leq 5 minutes.
Reason: In order to safeguard the amenities of the area and to prevent nuisance arising in accordance with Policy EM/3 of the Council’s adopted Unitary Development Plan.
Report Author Richard Butler
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Application Number: 14/00504/WTTPO Ward: Smallbridge Firgrove
Proposal: Proposed felling of Sycamore tree T4, removal of branch stubs to left of Elm tree T1 together with 25% crown thinning to Sycamore trees T2, T3 and T5 within G1 of Tree Preservation Order TPO006
Site Address: Hollybank Braddocks Close Rochdale OL12 9QU
Applicant: Mr William Radburn
RECOMMENDATION: Grant consent
DELEGATION SCHEME
This application seeks consent to fell a Sycamore tree, remove branch stubs of an Elm tree and crown thin three Sycamore trees. These trees are subject to a Tree Preservation Order (“TPO”). Members may grant unconditional or conditional consent or may refuse the application for consent.
DESCRIPTION OF SITE AND PROPOSAL
The application relates to a group of protected trees that are located to the east of Hollybank, a detached residential property. The trees are set on a parcel of land that slopes up to the north and is elevated from the level of the highway/access. The parcel of land is relatively small and is surrounded by residential development, including a residential care home to the south of the site.
The application proposes the felling of Sycamore tree T4. In addition, branch stubs are proposed for removed from the Elm tree T1 and 25% crown thinning is proposed to Sycamore trees T2, T3 and T5.
RELEVANT PLANNING POLICY
National Guidance
National Planning Practice Guidance (NPPG)
The government published its NPPG on 6 March 2014. This is intended to complement the NPPF and to provide a single resource for planning guidance, whilst rationalising and streamlining the material. Almost all previous planning Circulars and advice notes have been cancelled. Specific reference will be made to the NPPG or other national advice in the Analysis section of the report, where appropriate.
Online National Planning Practice Guidance – Tree Preservation Orders and trees in conservation areas
Unitary Development Plan (UDP)
G/NE/1 – Nature Conservation NE/7 – Tree Preservation Orders
In deciding the application the LPA is not required to have regard to the development plan. Section 54A of the Town and Country Planning Act 1990 (as amended) does not apply to the LPA’s decision, which means that there is no general duty on the LPA to make their decision in accordance with the development plan (DCLG, 2000 Para 6.46).
CONSULTATION RESPONSES
Green Infrastructure Development Officer – No objection to the removal of the Sycamore, numbered T4 on the plan. Although it is a relatively healthy tree it has a considerable lean towards the houses to the north and the majority of the weight is also on this side. This is of concern because this tree is also growing on a steep slope. The loss of this tree would not significantly reduce the amenity value of G1, TPO006.
I have no objection to the proposal to crown thin the sycamores numbered T2, T3 and T5 on the plan providing the thinning does not exceed 25% of the canopy retains a balanced shape. Works must be carried out to BS3998:2010 – Tree Work Recommendations.
These trees are not suitable for crown lifting, which was discussed during my site visit in April. Should this be stated as a condition should permission be granted?
ANALYSIS
In considering the application Government advice in the Online National Planning Practice Guidance requires the LPA to:
• assess the amenity value of the tree or woodland and the likely impact of the proposal on the amenity of the area; • consider, in the light of this assessment, whether or not the proposal is justified, having regard to the reasons and additional information put forward in support of it; • consider whether any loss or damage is likely to arise if consent is refused or granted subject to conditions • consider whether any requirements apply in regard to protected species; • consider other material considerations, including development plan policies where relevant; and • ensure that appropriate expertise informs its decision.
The application seeks consent to fell one of the trees on site, remove branch stubs to another and crown thin a further three. The Council’s Green Infrastructure Development Officer has visited the site and has confirmed that the works as proposed are acceptable.
The Sycamore that is proposed for felling is a healthy tree but it is growing on a considerable lean towards the houses on the north and the majority of the trees weight is also on this side. In addition, the tree is growing on a steep slope and as such there are no concerns to its removal, and the loss of this tree would not significantly reduce the amenity value of the group of protected trees.
The proposed crown thinning of trees T2, T2 and T5 would also not significantly affect the amenity of the area but this must not exceed 25% thinning and the works must retain a balanced shape to the canopy and be done in accordance with British Standards.
There are also no concerns raised regarding the removal of the branch stubs to the Elm tree T1 and this would also not adversely impact on amenity.
Appropriate conditions are required to ensure that the works to the trees are carried out to a satisfactory standard but in light of the above, there are no objections to the application and the recommendation is to grant consent.
RECOMMENDATION
GRANT subject to standard conditions
Informative: Crown thinning works to Sycamore trees T2. T3 and T5 shall be limited to the removal of 25% of the existing crown. The consent does not extend to crown lifting of the trees and no such works shall be undertaken.
Report Author Rachel Carney
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