HIGH PEAK BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE
Date 23rd January 2017
Application HPK/2016/0484 No: Location Land off Hallsteads, Dove Holes, Buxton Proposal Application for approval of reserved matters for the erection of housing including 25 affordable units with flats, shop and car parking, substation and pumping stations (includes 4 bungalows) pursuant to outline planning permission HPK/2014/0417 Applicant Hallstead Homes Agent Cordonier Architecture Parish/ward Chapel-en-le-Frith Date registered 01/08/2016 If you have a question about this report please contact: Jane Colley -Email [email protected]; Tel: 01298 38400 Ext: 4981
REFERRAL
The application is referred to committee as it is a major development.
1. SUMMARY OF RECOMMENDATION
APPROVE, subject to conditions
2. DESCRIPTION OF THE SITE AND ITS SURROUNDINGS
2.1 The application site comprises a rectangular shaped area of some 2.3 ha, located on the north – western side of Dove Holes, adjacent to properties which face onto the A6. The level of the land lowers towards the south and west and is used for the grazing of animals. A drystone wall forms the boundary on all sides.
2.2 The site is bordered by the railway line to the west, residential properties to the south and Public Footpath 129 which aligns to the northern boundary.
2.3 The site lies within the built up area boundary for Dove Holes as defined in the Chapel-en-le-Frith Neighbourhood Plan.
http://planning.highpeak.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=2104 33
3. DESCRIPTION OF THE PROPOSAL
3.1 The application is a reserved matters application pursuant to outline planning permission HPK/2013/0417 granted on 31st October 2013 for a total of 83 dwellings. The outline planning permission approved matters relating to access, layout and scale and was subject to a S106 legal agreement and a number of planning conditions. The S106 secures 30% affordable housing, contributions towards Travel Plan monitoring and contributions towards off site open space and play space within the Dove Holes area. 3.2 The matters to be agreed under this reserved matters application are appearance and landscaping. The development comprises predominately two storey dwellings with the exception of a block of three storey flats located towards the western boundary and two pairs of bungalows positioned centrally within the site. The plans also show the provision of a new retail shop on the frontage of the site with access provided centrally into the site from Hallsteads. Following the receipt of revised plans, the new development will be constructed with a reconstituted Forticrete anstone pitch faced stone to the elevations along with render, a reconstituted Marley modern smooth grey tile to the roofs and white Upvc windows.
4. RELEVANT PLANNING HISTORY
HPK/2013/0417 Application for outline Approved 31.10.13 planning permission for the erection of housing including 25 affordable units with flats, shop and car parking, sub station & pumping stations (includes 4 bungalows).
5. PLANNING POLICIES RELEVANT TO THE DECISION
Chapel-en-le-Frith Neighbourhood Development Plan 2013-2028 Referendum Version (CNP)
H1 – Housing Allocations H3 – Design Criteria H4 – Affordable Housing Criteria CNP1 – Provision of Infrastructure & Facilities and Developer Contributions TR1 – Information Required to Support Planning Applications C2 - Biodiversity C3 - Walking, Footpaths and Public Rights of Way
High Peak Local Plan Adopted April 2016
S1 – Sustainable development principles S1a – Presumption in favour of sustainable development S2 – Settlement hierarchy S3 – Strategic housing development S4 – Maintaining and enhancing an economic base EQ1 – Climate change EQ5 - Biodiversity EQ6 – Design and place making EQ7 – Built and historic environment EQ9 – Trees, woodland and hedgerows EQ10 – Pollution control and unstable land EQ11 – Flood risk management E5 – Regenerating an industrial legacy H1 – Location of housing development H2 – Housing allocations H3 – New housing development H4 – Affordable housing CF3 – Local infrastructure provision CF4 – Open space, sports and recreation facilities CF5 – Provision and retention of local community services and facilities CF6 – Accessibility by public transport CF7 – Planning obligations and community infrastructure levy
SPD - Residential Design Guide SPD – Planning Obligations
National Planning Policy Framework
Ministerial foreword Introduction (Inc. Achieving sustainable development, presumption in favour of sustainable development, core planning principles, delivering sustainable development) 1 Building a strong, competitive economy 4 Promoting sustainable transport 6 Delivering a wide choice of high quality homes 7 Requiring good design 8 Promoting healthy communities 10 Meeting the challenge of climate change, flooding and coastal change 11 Conserving and enhancing the natural environment 12 Conserving and enhancing the built environment
National Planning Practice Guidance
6. CONSULTATIONS CARRIED OUT
Site Notice Expiry date for comments: 11th October 2016
Press Notice Expiry date for comments: 12th September 2016
Neighbours Revised expiry date for comments: 23rd August 2016
No letters of objection/support have been received.
Consultee Comment Officer response
Chapel-en-le- Original Plans: No Objection 6.9 – 6.17 Frith Parish Council The committee applaud the number of proposed affordable housing units. Unfortunately, the proposed materials are not acceptable. Roofs should be grey in colour and the walls should be of stone or stone faced. Brickwork and weatherboards are not compatible with properties in Dove Holes, nor compatible with the Local Plan.
As specified in the adopted Neighbourhood Plan section 1”New Developments” ‘To set out design specifications to ensure that new homes and streets are designed so that they complement and enhance existing buildings”.
The development must comply with policies H2, H8 & H9 of the Neighbourhood Plan.
Revised Plans – Raise concerns over the use of weatherboards in the development and the use of red ridge tiles on the roofs Both points are not in keeping with the local area and would therefore be contrary to the Neighbourhood plan policies H8 & H9.
Environment As the reserved matters documents do 6.27 Agency not show details of the proposed drainage network we have no comments to make. However we would recommend that the applicant confirms that the proposed layout can accommodate the required attenuation to meet the planning condition on surface water drainage. DCC Flood No comments to make. Risk Management Team
HPBC Tree Initial comments: Species - In general 6.22 – 6.26 Officer there is a limited choice of species. Highway boundary I would prefer to see a mix of 2 or 3 species along the highway boundary. Perhaps whilst retaining the 6 Caucasian Lime (Tilia Euchlora) by the entrance as slightly more formal feature leading the eye towards the flats and central garden area. To the north of this I would like to see more informal planting - of around 12 trees – possibly in groupings of 3, rather than the formal line of trees shown. I suggest that consideration is given to including Oak, Field maples, Norway Maple in this group. Flats and bungalow garden area The use of lime trees close to the building is not appropriate they will get too large for the location. I consider that in this location the use of attractive ornamental Rowans – or other upright/fastigiated varieties would be preferable. Planting in the rear garden of the flats is poor- the trees are planted close together they should be distributed more irregularly and not in a line. Again groups of would be better. There is scope for at least one specimen tree – something less commonly planted with more horticultural interest such as tulip tree (lirodendron tulipifera). liquid amber (Liquidamber styraciflua), Cappadocicum maple (Acer cappadocicum) - Residential garden planting. Within the site there is scope for planting trees in the rear gardens of larger plots 77, 26, 69, 30, 33, 34, 83, 12, 19, 65, 66, 67, 80. Also near boundary of the frontage of properties 65-66, 63-64, 69, 7-6, 11, 16, 30, 26. The restricted nature of the gardens it would be appropriate to use more ornamental species but a greater variety of species could be used. Avoid more than 30% being from one family of trees eg Rosaceae or betulaceae, All trees should be a minimum 10-12cm girth in gardens and 12-14cm girth in POS. Revised Plans: The applicant has taken on board my earlier comments and the scheme is much improved. I am happy for this to be approved as part of any planning approval as far as the landscaping goes but the plans do not show the details of tree protection on this plan. This is to ensure that the highway trees to the frontage of the site area protected during development, they are afforded some protection by being off site but it would be beneficial if the proposed landscape strip behind the trees is fenced off to prevent damage to the tree roots. The other outstanding issue is how the amenity areas will be managed into the future. Recommend the following conditions are applied: LA02 - Landscaping to be carried out & maintained LA04 - Landscape details approved LA06 - Landscape maintenance LA11 - Tree protection and method statement pre-commencement DCC The current application only appears to Highways be seeking approval for the matters previously reserved i.e. appearance and landscaping. On this basis, it is unlikely the Highway Authority would have any further comments to add regarding these specific aspects. It is however noted from my files that a number of amendments were requested to the submitted layout as part of the original outline planning application, to achieve safe minimum criteria and to conform to adoption requirements. Unfortunately it would appear that not all these were undertaken at the time and it was presumably on this basis that a condition was appended to the consent issued requiring detailed designs for the proposed road layout to be submitted to and approved in writing by the Local Planning Authority (condition 21), despite layout not being a reserved matter at that stage. Whilst the Highway Authority may not be in a position to raise a sustainable objection in principle to the proposals on highway safety grounds, the approval or acceptance of the layout for planning purposes does not in any way compel the Highway Authority to accept the layout for adoption as publicly maintainable highway – this is a purely separate Agreement and a voluntary act between the County Council and the developer. In order to discharge the condition and achieve a satisfactory layout it is suggested that further details be submitted for approval, based on the latest revision plans and incorporating the amendments previously identified by the Highway Authority. Based on previous highway comments this is likely to require the extents of the ‘Adopted Estate Road’ to be adjusted to fully accommodate the turning manoeuvres of a large refuse vehicle within the proposed adopted highway limits and based on the plans currently submitted it is unlikely any of the Mews Courts would be eligible for adoption, based on the geometry and turning provision achievable. These would need to be laid out as dropped vehicle crossing/access points to maintain pedestrian priority on the (proposed) public highway and to reinforce the private nature of these streets.
DCC Archaeology does not form part of the 6.21 reserved matters and I therefore have no Archaeologist formal observation to make. I note however that there is a pre- commencement condition on the outline consent relating to below ground archaeology which remains to be discharged. DCC Planning No comments on developer contributions Policy
DCC Minerals No objection.
Network Rail A basic asset protection agreement will 6.27 be needed between Network Rail and the developer. The developer will also need to submit a risk assessment and method statement once the proposals has entered the development and construction phase, which should consider all works within 10m of the operational railway. Furthermore the developer may need to serve a Party Wall Act 1996 notification to Network Rail. An acoustic fence of 1.8m is acceptable to Network Rail. All works should ensure that the safety, operation and integrity of the railway are not compromised. If piling machinery is needed this should be included in a method statement. All surface water disposal should be away from the railway. The LPA and developer are recommended to engage in discussions to determine the most appropriate measures to mitigate noise and vibration from the railway line. It is requested that no tree are planted next to the boundary with the operational railway. HPBC The proposed affordable mix is as 6.18, 6.19 Housing agreed previously within s106 agreement Officer Plan; two 1 bed 2person flat, six 2 bed 3 person flat, four 1 bed 2 person house, six 2 bed 4 person house, three 3 bed 5 person house, two 2 bed 3 person bungalow, and two 1 bed 2 person bungalow. The proposed size specifications associated with these properties would meet the size requirements of the Homes and Communities Agency former Design and Quality Standards (April 2007). However the applicant may wish to give further consideration to the affordable mix, in particular the replacement of 1 bed houses with further 2 bed four person houses, which may form part of discussions with Registered Providers.
7. POLICY AND MATERIAL CONSIDERATIONS
Planning policies
6.1 The determination of a planning application is to be made pursuant to section 38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read in conjunction with section 70(2) of the Town and Country Planning Act 1990.
6.2 Section 38(6) requires the Local Planning Authority to determine planning applications in accordance with the development plan, unless there are material considerations which 'indicate otherwise'. Section 70(2) provides that in determining applications the Local Planning Authority "shall have regard to the provisions of the Development Plan, so far as material to the application and to any other material considerations." The Development Plan currently consists of the High Peak Local Plan Policies Adopted April 2016 and the Chapel-en-le-Frith Neighbourhood Development Plan 2013-2028.
6.3 Paragraph 14 of the National Planning Policy Framework (NPPF) explains that at the heart of the Framework is the presumption in favour of sustainable development. For decision makers this means that when considering development proposals which accord with the development plan they should be approved without delay; or where the development plan is absent, silent or relevant policies are out of date, grant planning permission unless any adverse impacts would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF taken as a whole.
6.4 Local Plan policy S1a establishes a presumption in favour of sustainable development as contained within the NPPF.
6.5 The Core Principles of the NPPF are set out in paragraph 17 which, amongst other things, seek to proactively drive and support sustainable economic development to deliver the homes, business and industrial units , infrastructure and thriving local places that the country needs. High quality design should be sought and a good standard of amenity provided for all existing and future occupants of land and buildings.
6.6 Section 6 of the NPPF relates to delivering a wide choice of high quality homes. Paragraph 47 requires the Local Planning Authority to boost significantly the supply of housing by identifying a five year supply of housing land to meet the objectively assessed needs for market and affordable housing in the area. The Council is considered to have a five year housing land supply and therefore housing supply policies are up-to-date.
6.7 A list of key policies, guidance and other material considerations is provided above (section 5).
Principle of development
6.8 Outline planning permission HPK/2013/0417 was granted with matters relating to access, layout and scale agreed at this time. Therefore the principle of the development at the site has been accepted by the granting of the outline planning permission and this application does not present an opportunity to revisit that principle. This reserved matters application provides details in relation to matters of appearance and landscape only. The principal change since the grant of outline planning consent is the adoption of the Chapel-en-le-Frith Neighbourhood Plan which now identifies the site as being within the built up area boundary for Dove Holes.
Design / Layout / Character & Appearance
6.9 The NPPF highlights that good design is a key aspect of sustainable development, and is indivisible from good planning and should contribute positively to making places better for people. Paragraph 58 requires development to function well and add to the overall quality of the area for the lifetime of the development. It should respond to local character and history and reflect the identity of local surroundings and materials whilst reinforcing local distinctiveness. Planning decisions should aim to ensure that developments are visually attractive as a result of good architecture and appropriate landscaping. Paragraph 64 of the Framework advises that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and how it functions.
6.10 Policy H3 of the Chapel-en-le-Frith Neighbourhood Plan (the CNP) seeks to ensure that new housing within the neighbourhood plan area is of a high quality responding to local distinctiveness. Matters which need to be taken into account include amongst a number; ensuring that development integrates into its surroundings, ensure good access to public transport, providing a mix of housing types and tenures, buildings should take advantage of existing topography, landscape features and site orientation, public and private spaces should be clearly defined, with sufficient private amenity space for new dwellings. Equally, Local Plan Policies S1 and EQ6 seek to secure high quality design in all developments; developments should respond positively to the environment and contribute to local distinctiveness and sense of place by taking account of the distinct character, townscape and setting of the area.
6.11 The Residential Design Guidance SPD recognises the need to ensure new developments is accessible to everyone and it is important to create places which are welcoming and inclusive.
6.12 As shown at the outline stage the layout provides for mix of 1 and 2 bedroom flats, 2, 3 and 4 bedroom houses, and the provision of four bungalows. Within this, 25 affordable houses comprising 1 and 2 bedroom bungalows, 1 -3 bedroom houses and 1 and 2 bedroom apartments would be provided. As such the layout provides for a good mixture of housing types and tenures to meet the needs of different groups within the community and the social dimension of sustainable development.
6.13 The proposed design concept is taken from its locality incorporating the surrounding site characteristics of dwellings along Hallsteads. The dwellings, with the exception of the three storey apartments, comprise two storeys with a traditional pitched roof, reflective of the design and fenestration of the wider area and would not appear at odds with their surroundings or as an isolated development.
6.14 Towards the front of the site, the houses would be positioned in a linear form to reflect the predominant form and pattern of development along the main A6. The original plans showed the houses to be constructed with a combination of reconstituted stone, three types of brick and an element of horizontal boarding to the three storey apartment block. Following discussions with officers, revised plans have been received showing the use of reconstituted stone throughout the site with elements of render to houses sited within the site. The houses and shop which would face onto Hallsteads would be constructed solely with reconstituted stone to reflect the use of materials in the buildings which are positioned along the A6. The revisions simplify the palette of materials and with the inclusion of render add interest and variety to the visual appearance of the buildings. As such, it is considered that the appearance of the houses would reflect the dominant use of stone within the context of the site and the wider area of Dove Holes.
6.15 The Parish Council has raised concerns about use of weather boarding to the three storey apartments. However, the submitted plans indicate that the proposed weather boarding will only be used in the recessed entrance and in part of the side elevations. Whilst not a common material in Dove Holes or the wider neighbourhood plan area, given the minimal scale of the weatherboarding, this is considered to be acceptable.
6.16 In terms of boundary treatment, the plans show a combination of 1.8 close boarded fencing, 1.3m fencing above a brick plinth with piers and 0.5m high knee rails. The boundary treatment is predominantly in areas separating garden areas and therefore would provide sufficient privacy for future residents. However, as set above the use of brick was not considered to be acceptable and therefore this detailing will need to be amended to stone to match the elevations of the houses. This can be controlled by planning condition.
6.17 A schedule of materials is shown on the submitted plans; however given the prominence of the site, it is recommended that materials samples are submitted to the Council for consideration. This can be controlled by planning condition. The development is therefore considered to comply with Neighbour Plan Policy H3 and Local Plan Policies S1 and EQ6 along with guidance contained within the Councils Residential Design SPD and Paragraph 17 and the Design Chapter of the Framework all of which seek to ensure that the overall design, scale, density, massing, landscaping and use of materials are sympathetic to the character of the area.
Affordable Housing/Obligations
6.18 Policy H4 of the CNP seeks to ensure that affordable homes are designed to be well integrated with existing and new housing development. Policy H3 of the Local Plan requires new residential development to address the housing needs of the area and therefore a mix of housing types and sizes should be provided, including an appropriate level of affordable housing. This policy requires that on sites of over 25 units 30% of the housing should be for affordable purposes.
6.19 The proposal provides for 25 affordable houses/apartments which would meet requirements of the Local Plan Policy H3 and Policy H4 of the CNP. The section 106 agreement requires the tenure mix to be provided on the basis of 80% for rented purposes and 20% for shared ownership, the delivery of which will be controlled by the legal agreement. All other contributions are again secured in the Section 106 agreement.
Highway Safety / Access
6.20 Although access was agreed at the outline stage, the Highway Authority raise concerns over the geometry of the turning areas for refuse vehicles in the mews areas and ultimately whether these areas are suitable for adoption.. This matter was raised at the outline stage and thus a planning condition was imposed (condition 21) requiring further details to be submitted. In the event that agreement cannot be reached on the extent of the adoption, there may be some areas which will remain in private ownership, including some of the private parking courts. Therefore an appropriate condition will be required requiring details of the management and maintenance arrangements for these areas. This matter is currently being considered by the applicant, therefore if further details are provided these will be reported on the update sheet.
Archaeology
6.21 The County Archaeologist has no further comments to make and is satisfied with the original conditions which will remain in force requiring the details of any archaeological work to be recorded and submitted to as part of any discharge of condition application as set out in the original outline permission.
Tree and Landscaping
6.22 Policy EQ9 of the adopted Local Plan seeks to protect existing trees, woodlands and hedgerows, in particular, ancient woodland, veteran trees and ancient or species-rich hedgerows from loss or deterioration. This will be achieved by: Requiring that existing woodlands, healthy, mature trees and hedgerows are retained and integrated within a proposed development unless the need for, and benefits of, the development clearly outweigh their loss Requiring new developments where appropriate to provide tree planting and soft landscaping, including where possible the replacement of any trees that are removed at a ratio of 2:1 Resisting development that would directly or indirectly damage existing ancient woodland, veteran trees and ancient or species-rich hedgerows.
6.23 Policy H3 of the CNP places importance on the retention of landscape features and ensuring that new landscaping contributes towards well defined streets and spaces.
6.24 The site is currently an open field which is used for grazing purposes. As such there are no trees or shrubs within the site. However along frontage, but outside of the application site are a number of trees within the highway verge which contribute towards the visual amenities of the street scene.
6.25 Following the initial comments of the Tree Officer the applicant has submitted revised plans which now meet all of the concerns initially raised. The plans show appropriate planting within the site, with specimen trees provided in communal areas and within individual garden areas. As noted by the Tree Officer there are a number of areas which lie outside of any individual garden areas and therefore it is recommended that a condition be imposed seeking details for future maintenance and management responsibilities. Moreover, a condition will need to be imposed to ensure that the existing highway trees along Hallsteads are protected during construction works.
6.26 Overall the proposed development complies with Policy H3 of the adopted Neighbourhood Plan and Policy EQ9 of the adopted Local Plan.
Other Matters
6.27 The comments raised by the Environment Agency will be addressed by the submission of details pursuant to conditions 14 and 15 imposed on the outline consent. With respect to the comments made by Network Rail, this is a civil matter between both parties; however an informative will be attached to any consent drawing the applicants attention to their comments.
7. PLANNING BALANCE & CONCLUSION
7.1 The determination of a planning application is to be made pursuant to section 38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read in conjunction with section 70(2) of the Town and Country Planning Act 1990.
7.2 Section 38(6) requires the local planning authority to determine planning applications in accordance with the development plan, unless there are material circumstances which 'indicate otherwise'. Section 70(2) provides that in determining applications the local planning authority "shall have regard to the provisions of the Development Plan, so far as material to the application and to any other material considerations." The Development Plan currently consists of the Chapel-en-le-Frith Neighbourhood Plan and the High Peak Local Plan 2016.
7.3 The development of the site has been accepted by the granting of the outline planning permission. The site lies within the built-up area boundary as defined by the Chapel-en-le-Frith Neighbourhood Plan.
7.4 The submitted details are considered to be sympathetic to the visual amenities of the street scene in terms of its appearance and landscaping. A number of matters will be dealt with through the discharge of conditions associated with the outline planning permission, relating to highways, flooding, drainage, archaeology and contamination.
7.5 This site is considered to comprise sustainable development and would provide some economic and social benefits including new dwellings contributing towards housing supply; an element of affordable housing to meet local need; jobs during the construction period and a new homes bonus. The development accords with the provisions of the relevant development plans and accordingly should be approved without delay.
8. RECOMMENDATIONS
A. That approval be GRANTED subject to the following conditions:
Conditions
Code Condition Notes NSTD This notice of approval of reserved matters shall only relate to outline planning permission reference HPK/2013/0417. NSTD Approved Plans Materials samples, including windows and doors NSTD Revised boundary details NSTD Proposed arrangements for future management and maintenance of the proposed streets LA02 Landscaping to be carried out and maintained LA04 Landscaping details Plan ref LS-01 rev A approved dated 6/1/2017
LA06 Landscape Maintenance
LA11 Tree Protection and method statement
B. In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Operations Manager - Development Services has delegated authority to do so in consultation with the Chairman of the Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.
Informatives / Notes
1. The Local Planning Authority has sought to work with the applicant in positive and proactive way to secure a development that will improve the economic, social and environmental conditions of the area, in line with the NPPF. 2. Applicant’s attention is drawn to the conditions attached to the outline planning permission that have to be complied with. 3. There is a Section 106 planning obligation related to this development the terms of which have to be complied with. 4. Various highway notes and informatives. 5. The applicants attention is drawn to the comments of Network Rail.
This recommendation is made following careful consideration of all the issues raised through the application process and thorough discussion with the applicant. In accordance with Paragraph 187 of the NPPF the Case Officer has sought solutions where possible to secure a development that improves the economic, social and environmental conditions of the area.
Site Plan 0 50 100 metres
The Site