Stratford-On-Avon District Council

STRATFORD-ON-AVON DISTRICT COUNCIL

West Area Planning Committee

Date of Meeting – 2 March 2006

INDEX

Application No. Parish/Details Page No.

Bidford-on-Avon 05/03267/FUL Land At Friday Furlong, Friday Furlong, Bidford-on-Avon, Alceste Warwickshire Demolition of existing buildings and the erection of a development of 149 dwelling houses, an elderly persons Care Home and a local Medical Centre.

Recommendation: GRANT

Stratford-upon-Avon 05/02181/FUL 197 And 199, Banbury Road, Stratford-upon-Avon, Warwickshire Demolition of 2 no. existing properties and erection of 31 no. residential properties, comprising of 5 no.apartments, 3 no.detached, 6 no. semi-detached and 17 no. terraced properties with associated access and landscaping proposals.

Recommendation: GRANT

Stratford-upon-Avon 05/03032/FUL Pearcecroft, Loxley Road, Stratford-upon-Avon, Warwickshire CV37 7DU Demolition of existing clubhouse. Proposed construction of new two-storey clubhouse.

Recommendation: GRANT

Bidford-on-Avon 06/00053/FUL Land Rear Of, 25A Grange Road, Bidford-on-Avon, Alcester Warwickshire Erection of 2 detached and 4 semi-detached dwellings and associated works

Recommendation: GRANT

Stratford-upon-Avon 05/03721/OUT Land To The Rear Of 67, Evesham Road, Stratford-upon-Avon, Warwickshire Construction of one dwelling and garage

Recommendation: GRANT

Stratford-upon-Avon 05/03600/FUL 24 Cottage Lane, Shottery, Stratford-upon-Avon, Warwickshire CV37 9HH Change of use from restaurant to children's nursery. Single storey rear extensions, minor alterations to fenestration and formation of path to lower ground floor entrance at rear, including retaining walls.

Recommendation: GRANT

Wootton Wawen 05/03765/FUL Wootton Park Farm, Alcester Road, Wootton Wawen, Henley-in- Arden Warwickshire Partial demolition of existing agricultural building and erection of conference seminar facility.

Recommendation: REFUSE

Bidford-on-Avon 05/03655/LBC 51 High Street, Bidford-on-Avon, Alcester, Warwickshire B50 4BQ Replacement of existing timber sash windows with new UPVC windows - Retrospective

Recommendation: REFUSE

Beaudesert And Henley-in-Arden 05/03729/FUL 201 High Street, Henley-in-Arden, Warwickshire, B95 5BA Demolition of a single storey rear utility space and timber outbuilding. Erection of a two storey rear extension and a detached garage including storage/study and wc.

Recommendation: REFUSE

Stratford-upon-Avon 05/03820/ADV Stratford Healthcare, Arden Street, Stratford-upon-Avon, Warwickshire CV37 6HJ

4m high chrome post with 1m x 1m frosted white acrylic pharmacy cross, lit by apple green cold cathode lamp, and 3 no. 12m banner flag poles to promote new development.

Recommendation: GRANT

Alcester 06/00015/FUL 10 Priory Road, Alcester, Warwickshire, B49 5DY New single garage to the rear of the property.

Recommendation: GRANT

APPLICATION REFERENCE NO. 05/03267/FUL EXECUTIVE SUMMARY

Site Address Friday Furlong, Bidford-on-Avon, Warwickshire

Demolition of existing buildings and erection of a development of Proposals 149 dwellings, an elderly persons care home and a local medical centre

Date Received 14 November 2005 Case Officer Neil Pearce

Presenting Committee Date 2 March 2006 Neil Pearce Officer Cranbrook Homes & Full planning Type of Application Applicant George Wimpey (West application Midlands)

James Parish Ward Member(s) Pemberton Bidford-on-Avon Council Slaughter

Referral to Planning and Only if objection Previous No Regulation raised in principle Committee Committee

Clearance of site including demolition of all structures and cessation of all existing uses Erection of 149 dwellings comprising of: 10x2 bed houses, 95x3 bed houses, 22x4 bed houses, 2x5 bed houses and 20x2 bed flats on 3.0ha of land to the south of the track Provision of 30% affordable housing (45 units) comprising of: 10x2 bed flats (rented), 11x3 bed houses (rented), 6x4 bed houses (rented), 18x3 bed houses (shared) Erection of two-storey care home comprising of 70 bed spaces with ancillary amenity areas and car parking on 0.37ha of land to the south of the track Description of Erection of two-storey medical centre with ancillary car parking Proposals on 0.5ha of land to the north of the track Formation of area of public open space including the provision of an equipped children’s play area, 5-aside football pitch recreational paths and nature pond with timber jetty on approximately 3.7ha of land to the north of the track A design statement, transport assessment, ecological assessment and planning statement have been submitted with the application A public consultation exercise was held on the 18 August 2005 at Bidford Primary School Various amendments and additional information have been requested during the course of the application Reason for Referral Scale of development to APC

The site is outside the built up area boundary of Bidford-on- Avon in the Local Plan The site is allocated for mixed use development under proposal BID.E in the Local Plan Review The site lies on the edge of Bidford with open countryside to the Planning north and west and existing residential development to the Constraints south and east The site comprises of a mixture of previously developed (brownfield) land on approximately 3.0ha and greenfield land on approximately 4.7ha Proposed Public footpath AL21 (The Bank) Principle Proposed development Residential component - design, layout and density Affordable housing Care home component Key Issues Medical centre component Highways Drainage and flooding Relocation of gypsies Public open space and landscaping Legal agreement

Recommendation GRANT subject to legal agreement

SUMMARY OF POLICY AND BACKGROUND PAPERS

POLICY

The Development Plan

Warwickshire Structure Plan 1996 - 2011

GD.1 Overriding Purpose GD.3 Overall Development Strategy GD.5 Development Location Priorities GD.7 Previously-Developed Sites RA.1 Development in Rural Areas RA.2 Scale and Distribution of New Housing and Industrial Development RA.3 Housing and Industrial Development and Hierarchy of Settlements in Rural Areas H.1 Provision of Housing Land H.2 Affordable Housing H.3 Greenfield Land for Housing H.4 Release of Housing Land H.5 Housing Provision ER.1 Natural and Cultural Environmental Assets ER.4 Protection and Enhancement of the Landscape T5 Traffic Management

Stratford-on-Avon District Local Plan

ENV1 General Principles of Acceptable Development ENV15 Nature Conservation and Geology T14 Adopted Car Park Standards

T19 Highway Standards H16 Gypsy Sites and Planning REC4 Outdoor Playing Space – Children’s Play Areas REC5 Outdoor Playing Space – Incidental Open Spaces REC6 Public Open Space Maintenance

Other Material Considerations

Central Government Guidance

PPS1 Creating Sustainable Communities PPG3 Housing PPS9 Nature Conservation PPG13 Transport PPG25 Development and Flood Risk Circular 3/99 Drainage Circular 1/06 Planning for Gypsy and Traveller Caravan Sites

Stratford–on-Avon District Local Plan Review 1996-2011 (as proposed to be modified)

STR.1 Settlement Hierarchy STR.2 New Housing Provision STR.2A The Release of Allocated Housing Land STR.4 Previously Developed Land PR.1 Landscape and Settlement Character EF.6 Nature Conservation and Geology DEV.1 Layout and Design DEV.2 Landscaping DEV.3 Amenity Space DEV.4 Access DEV.5 Car Parking DEV.7 Drainage DEV.9 Access for People with Disabilities DEV.11 Public Art COM.1 Local Choice COM.4 Open Space COM.5 Open Space COM.13 Affordable Housing COM.14 Mix of Dwelling Types BID.E Development Allocation – Friday Furlong, Bidford-on-Avon MRC.4 Community Facilities (Main Rural Centres) MRC.5 Public Open Space IMP.1 Supporting Information IMP.2 Supplementary Planning Guidance IMP.5 Infrastructure Provision

Supplementary Planning Guidance

District Design Guide Car and Cycle Parking Standards for Stratford-on-Avon District Transport and Roads for Development - The Warwickshire Guide 2001 Provision of Open Space & Open Space Audit Parish Appraisal - B50 Appraisal 2002 & B50 Parish Plan 2003

Human Rights Act 1998

Article 6: Right of a fair trial Article 8: Right to respect for private and family life Article 1 of the First Protocol: Protection of Property

REPRESENTATIONS

Parish Council

Support subject to:

Green Travel Plan (to include cycle paths) and Safety Audit of Waterloo Road to be carried out Youth club being incorporated – to be used as children’s crèche during the day – taking into account the proximity of the primary school in Bramley Way and the growing number of youngsters in the village Play area and play equipment for all ages including the younger children Good bicycle and pedestrian access to The Bank – but no vehicle access Water management improvement for Steppes Piece/Victoria Road and Waterloo Road, to include balancing ponds and a small area of woodland Maintenance figure to be reviewed, considered to be insufficient Financial contribution to the Crawford Memorial Hall to be detailed and quantified Solar or low emission lights should be considered

(13.12.2005)

Additional comments received following submission of amendments:

The Parish Council expresses concerns regarding:

The increase in the number of beds from 56 to 70 which it considers to be quite substantial Parking facilities for the care home which it finds inadequate

(26.01.2006)

Third Party Representations

1 letter received raising no objections to the proposed development

Cleeve Prior Parish Council

The council believe there is inadequate parking provision at the medical centre (16.12.2005)

Wixford Parish Council

Comments made by individual Parish Councillors:

I Support the proposal. It is important that the new surgery goes ahead Strong concerns about the amount of extra traffic this would create daily through the village. Site looks cramped but note that one third affordable quota. Two thirds would be ideal The affordable housing is a benefit. I do however have concerns about the traffic through Wixford which already suffers from a significant amount of

traffic at excessive speeds. I do however support this application on the condition that the doctors surgery is accepted I have concerns regarding the density of homes even for affordable housing which is much needed. The school traffic generated will have an adverse effect on the road through Wixford. Sufficient parking needs to be in place at the proposed medical centre which is vital to the people of Bidford Signs for Alcester at the site exit directing traffic to bypass (A46) is requested. Medical centre must be included in development. Support application

(18.01.2006)

Wychavon District Council

No adverse comments (30.11.2006)

Honeybourne Parish Council

The Parish Council would raise no objection to the proposed development but would raise concerns over the junction with Waterloo Road. As this is a congested junction at peak times the Parish Council considers that this situation will be greatly aggravated by the increased traffic from 150 dwellings and the medical centre. The Council feel consideration should be given to remedial highway improvements of this junction within the scheme of the development (19.12.2005)

Applicant's Comments

The applicant has submitted the following in support of their application:

The proposals have evolved following a full analysis of the area and have resulted in a development which is an appropriate response and sympathetic to the urban form, architectural style, materials and landscape of Bidford-on-Avon. The applicants also engaged in public consultation with the local community and have worked closely with Officers at pre-application stage and during the course of the application responding to the need for alterations to the detailed design/ layout of the proposals accordingly.

The proposals for Friday Furlong provide a comprehensive approach to developing Allocation BID.E providing for residential development, including affordable housing; specialist accommodation for the elderly within the proposed care home; medical centre to meet the needs of existing and future residents and public open space including a sports pitch and play area in accordance with the mix of development advocated by the Local Plan Inspector and that set out within the emerging Stratford Local Plan.

The applicant has provided extensive supporting documents including a Transportation Assessment; Landscape Strategy; Ecological Assessment; Planning Statement and Design Statement which demonstrates the appropriateness of the proposals. Furthermore a Sustainable Urban Drainage Scheme has been submitted with private drainage being dealt with via the construction of swales within an agreed area within the public open space.

CONSULTATIONS

Government Office for the West Midlands

Comments made in relation to previous outline application (04/03013/OUT):

We do not consider it is appropriate for us to request sight of the application purely on the basis that we have had a previous interest. Additionally, in the knowledge that the application is not considered by Stratford-on Avon DC to be a departure from the adopted plan, we do not consider it is appropriate for us to require that the application should be referred to us informally.

I can confirm that the Government Office has not made representations on the allocation of the site within the framework of the emerging Local Plan but in considering whether or not formal referral is necessary, you are advised to consider all representations received in relation to the site's status in the emerging plan (01.12.2004)

Conservation Officer

There are no specific conservation concerns, and the issues are ones of design, both of the individual buildings and the general layout of the site.

The individual houses are in a variety of formats, many of them being two and two and a half stories and incorporate some reasonable detailing combined with fairly simple overall forms. The apartment blocks make more of a statement, and the variety they bring in terms of form, massing and treatment of roof elevations, is in my opinion acceptable.

The medical centre is of a typical contemporary design, of simple form and while appearing a little functional is again acceptable.

The scale of the care home is acceptable within the context of the overall development. While I would prefer a simpler treatment of the rather complex roof forms to the front elevation, the overall form of the building is in my view acceptable.

No objections to the overall site layout (03.02.2006).

Flood Defence Officer

Proposals seem quite sound. Percolation tests indicate ground conditions are favourable for infiltration drainage (16.11.2005)

Highway Authority

No objections subject to conditions (15.02.2006)

Severn Trent Water

No objection subject to condition (22.11.2005)

Head of Environmental Health and Housing

This site has been the source of complaints of nuisance (burning activities, accumulations of refuge) for some years. Its redevelopment is fully supported

from the environmental health viewpoint and there are no objections regarding the scheme submitted for this purpose (15.12.2005)

Environment Agency

No objections subject to conditions (23.01.2006)

WCC Museum (Ecology)

The site has no known statutory or non-statutory nature conservation status. We do not know of any ecological concerns with the development provided protected species such as bats, badgers reptiles and nesting birds are not affected. If it is suspected that protected species may be affected by the proposals Warwickshire museum should be consulted. Conditions recommended (11.01.2006)

WCC Countryside Recreation

No objection (05.12.2005)

WCC Museum (Archaeology)

It is unlikely that these proposals would cause any damage to any sites of archaeological interest (20.12.2005)

Forestry and Landscape Officer

Hill View’s garden contain a significant number of semi-mature trees. Of particular importance are two mature hedgerow oaks on the eastern boundary of Hill View, a white birch on the northern boundary and a line of pollarded willows on the western boundary. The remainder of the site is unattractive and a spoiled derelict landscape. The frontage hedge with Waterloo Road is substantial and in good condition. Old subdivisions within the site are marked by inappropriate and now overgrown Leylandii trees.

While supporting the principle of the development it is my view that the housing density is too great and the space available within it for landscaping (trees) is too small. The proposed site boundary remains weak and would benefit from a stronger more continuous treatment of native hedge planting (19.02.2005)

Development and Enabling Officer

Comments as follows:-

He notes the proposal is for a total of 149 dwellings, of which 45 would be affordable. This equates to 30.2% provision and is therefore acceptable in terms of quantity.

The tenure split of the affordable units would be roughly 38% shared ownership sale and 62% rented. This housing is to be developed by South Warwickshire Housing Association.

He assumes all the units in the nursing home are not self-contained residential units; if this is not the case, it may arguably affect the calculation of the amount of affordable housing required. It may be appropriate to control this issue by way of condition.

The overall mix of stock (market and affordable) appears reasonable. He is broadly satisfied with the distribution of affordable homes within the site.

Subject to (1) no objections from SWHA and the Parish Council and (2) completion of a S.106 Agreement to secure delivery of the affordable housing, he has no objection to this application (13.02.2006)

Principal Leisure Facilities Officer

No comments (15.02.2006)

Warwickshire Wildlife Trust

The trust is not aware of any features of nature conservation value that will be affected by this proposal (23.11.2005).

Warwickshire Police Architectural Liaison Officer

Comments relating to the amended plans:-

Omit the 1800 brick screen wall either side of the footpath link 2 and replace with 1800 hooped top fencing to allow natural surveillance to the parking areas. What lighting is proposed for the streets, footpaths and play areas? What likelihood is there to incorporate a youth shelter or kick wall and basketball net with hard standing on the play area to accommodate the older youth? (26.01.2006)

South Warwickshire Access Group

Comments relating to the medical centre:-

Emphasis must be given to sufficient and level car parking spaces for both staff and visitors. It should be ensured that exits are suitable for all. It would be good practice have an adapted toilet for staff use otherwise they would have to use the one allocated to the public and to have an adapted public toilet on the first floor level to save a journey to the ground floor (29.11.2005)

County Fire and Rescue Service

No objections subject to condition (02.12.2006)

RELEVANT PLANNING HISTORY

Reference Number Proposal Decision and date 04/03011/OUT Mixed development consisting of Supported by residential, an elderly persons nursing West Area home, B1 employment use, public Planning open space and associated road works Committee on 27.01.2005 subject to legal agreement 04/03013/OUT Mixed development consisting of Refused residential, an elderly persons nursing 07.02.2005 home, public open space and associated road works

04/01106/FUL Residential development of 188 Withdrawn dwellings, an elderly persons nursing 08.07.2004 home, associated road works and public open space 03/02634/OUT Demolition of existing structures, Refused erection of 120 dwellings, a nursing 27.11.2003 home and a shop, creation of public open space with ponds, construction of estate roads and ancillary infrastructure 99/01073/OUT Residential Development Withdrawn 07.09.1999

ASSESSMENT OF THE KEY ISSUES

The application site known as Friday Furlong is an area of land measuring approximately 7.7 hectares in total (including the property know as Hill View) situated on the western side of Waterloo Road. The site falls outside the built up area boundary of Bidford-on-Avon in the adopted local plan, however is allocated under Proposal BID.E in the Local Plan Review. The site is currently occupied by members of the travelling community where some of the caravans and mobile homes on the site are unauthorised and some have the benefit of planning permission.

The site currently comprises of an intricate mosaic of small grassland areas interspersed with residential plots containing caravans, occasional bungalows, grassed areas, derelict land, storage of vehicles and building materials and overgrown areas of scrubland. The internal boundaries vary from fences and brick walls to tall Leylandii hedgerows. Some of the plots contain several caravans with shared communal areas. Over the last 12 months many of the families living on the site have moved on leaving behind debris and derelict plots.

Access to the site is currently from Waterloo Road via a narrow track known as Friday Furlong. Friday Furlong dissects the site almost straight down the middle serving plots on either side. The site encompasses both previously developed land and greenfield land, which was debated at the Local Plan Inquiry. There are some quite significant pockets of greenfield land on the site for example there is a large area of tall herb grassland in the north-eastern corner of the site which borders Waterloo Road. There are a number of mature and semi-mature trees on the site and the eastern and northern boundaries of the site are marked with mature hedgerows.

The site is bordered by residential development to the south, open countryside to the north and west and the Waterloo Industrial Estate to the east on the opposite side of Waterloo Road. Friday Furlong is situated approximately half a mile from the main rural centre of Bidford where there are a number of shops, services and a choice of means of transport.

Principle

Fundamentally, the housing strategy of the Local Plan Review seeks to ensure that most residential development in the District takes place in the main town of Stratford-upon-Avon, in accordance with the provisions of the Structure Plan. Consequently, residential development in the Main Rural Centres is restricted to brownfield sites, either allocated or as windfalls, or through the operation of Policy COM.1 to meet identified local needs. There is no provision for residential development on greenfield sites on the edges of such settlements except to meet

a local need that cannot be met on brownfield sites. Even then, it is necessary to ensure that the overall scale of development in the Main Rural Centres does not undermine the locational strategy. For this reason, it is inappropriate to assume that the level of need identified in any settlement outside Stratford-upon-Avon should be fully met in that settlement.

The District Council has sought to steer a consistent course in its consideration of this site. In the first place, it allocated the site in the Revised Deposit Plan under Proposal BID.E in response to a strong expression of support from local people for its inclusion. However, in doing this the District Council had to ensure that the basis of the allocation was consistent with the strategy of the Plan. It believes this has been achieved in the following ways:

(i) Bidford is a Main Rural Centre, one of eight across the District, in which the Plan supports the principle of development on brownfield land within their confines;

(ii) The scale of housing development proposed in Proposal BID.E relates to the amount of brownfield land within the site through applying the definition in Annex 2 of PPG3.

(iii) A range of complementary uses are included in the allocation which would benefit the local community and bolster Bidford’s role as a Main Rural Centre.

Proposal BID.E was the subject of a number of objections that were considered by the Inspector who held the Public Inquiry into the Local Plan Review. However, there is also a strong measure of support from local residents and the Parish Council for the site to be redeveloped, as expressed through the Local Plan Review process and in the recently published B50 Parish Appraisals.

Following the Local Plan Inquiry, the Inspector recommended that Proposal BID.E should remain in the plan, albeit with an adjustment to the extent of the site that is suitable for development. On the matter of principle therefore, I take the view that the Local Plan Review has reached an advanced stage in its preparation and that, subject to all detailed matters being satisfied, the grant of planning permission for residential development on the site at this time would not prejudice the plan-making process and would therefore not be premature.

Proposal BID.E allocates Friday Furlong for a mixed use development comprising the following components:

Residential (including a proportion of affordable units) on approximately 3.0ha (net) to the south of the track; Specialist accommodation for elderly people on approximately 0.5ha (net) to the south of the track; Open space for recreation and amenity purposes on land to the north of the track.

The promotion of the site for development should take into account the following specific issues:

The need to remove all existing uses and activities on the site; The need to incorporate a pedestrian and cycle link to The Bank; Create an attractive edge to this part of the village through appropriate design and landscaping; and

The need to approach the redevelopment and reuse of the site in a comprehensive manner.

Proposed Development

Whilst the property known as Hill View is excluded from the proposal, land formerly associated with Hill View is included within the application site. The current proposal therefore comprises of four main components in a comprehensive redevelopment of the site:

1. Residential (3.0ha); 2. Care Home (0.37ha); 3. Medical Centre (0.5ha); and 4. Public Open Space (3.7ha)

Residential - Design, Layout and Density

The residential component comprises mainly of family homes in short terraces, semi detached properties and a handful of detached properties. Key corner plots with dual frontages dictate the alignment of the internal estate road and provide dominant views from important vistas.

The proposal provides a continuation of two-storey dwellings along the frontage with Waterloo Road which are set back from the highway with a small area of incidental open space in front. The internal estate road effectively runs east-west through the site with a ‘home zone’ leading off to the south. The dwellings are generally located close to the back of the pavement providing strong street frontages with good sized private amenity areas to the rear ranging from depths of 10m to 16m. Car parking is located both within the plots and within rear parking courts. Parking provision equates to 176% or 1.76 spaces per dwelling (total 262 parking spaces). The intention is to create an attractive development of a more traditional form, which reduces the visual impact of cars.

The dwellings comprise of a mix of conventional two storey, two and a half storey and three storey properties mainly located to the south of the proposed estate road. The proposed apartment buildings would be two and a half-three storey in height and would be situated on the edge of the residential area facing the public open space.

Policy COM.14 of the Local Plan Review seeks a mix of dwelling types on schemes of 10 or more dwellings. It is reasonable to expect a wide mix on particularly large schemes such as this one in order to achieve a balanced community both within the development itself and across the settlement as a whole. Although the proposed scheme is almost entirely comprised of terraced and semi-detached properties, there is a good mix of dwelling sizes. In fact 80% of the units provide three-bedrooms or more and 87% include a private garden. Overall, I come to the general conclusion that the mix of dwellings proposed is reasonable.

The design of the individual houses and flats have been kept relatively simple and the proportions, scale and detailing are traditional. Traditional details include 45- degree pitch roofs, chimneys, and a variety of traditional materials including red brick, painted brick and rendered plots.

Where the proposed development abuts the existing residential development to the south, the majority of the plots are restricted to conventional two storey dwellings. Separation distances between existing and proposed dwellings have been carefully assessed and are considered satisfactory. Measured from building

line to building line, the proposed dwellings will be between 22m and 41m from the properties in The Poplars and between 17m and 25m from the properties in St Laurence Way. There is no significant levels difference between the application site and the surrounding residential site.

Government advice in PPG3 and Local Plan Review Policy STR.2B stress that it is important that development land is used efficiently in order to minimise the need for the release of further greenfield land for development. This application proposes a total of 149 dwellings on a site of 7.58 hectares (excluding the property known as Hill View). This represents a gross density of 19.65 dwellings per hectare which is somewhat short of the density suggested in PPG3. However, given the Inspectors requirement that development should be located to the south of the track with public open space located to the north of the track, it is also reasonable to assess the density of the development based on the land area to the south of the track. This equates to a density of approximately 50 units per hectare which is broadly in line with the 30 – 50 dwellings per hectare minimum advised by PPG3 and repeated in Policy STR.2B.

Whilst the existing residential development to the south of the application site represents a lower density (approximately 30-35 dwellings per hectare), this reflects the lower densities promoted at that time under the old PPG3 guidelines.

Given that the proposed development would be softened by an extensive area of proposed open space and landscaping (between 115-117m wide) and that the density of the overall development is just under 20 dwellings per hectare, I consider that the proposed density is appropriate for this location on the edge of Bidford.

Affordable Housing

Under the terms of Local Plan Review Policy COM.13, planning permission cannot be granted until the developer has entered into satisfactory arrangements to ensure that adequate affordable housing is provided within the site. The nominated registered social landlord for this site is South Warwickshire Housing Association, who have been closely involved in the preparation of this application. It should be noted that the proposed care home would not be taken into account with regard to calculating affordable housing for the purposes of applying Policy COM.13 of the Local Plan Review because the units are not self contained.

The Parish Plan produced by the local community concluded that there should be a concentration on houses and flats to rent, sheltered and starter homes and 3- bedroom houses to buy or for shared ownership.

The applicants are offering 30% affordable housing (for rent or shared ownership) together with an emphasis on 3-bedroom dwellings (64%). The location of the proposed affordable units is scattered throughout the site in six separate clusters.

I consider that the number, location and mixture of affordable housing is satisfactory. Affordable housing will be secured by legal agreement.

Care Home

Proposal BID.E supports specialist accommodation for elderly people on approximately 0.5ha (net) to the south of the Friday Furlong track. The B50 Appraisal indicates general support from the local community for additional residential care and sheltered housing facilities within the area. The proposed

care home would be located to the south of the track and would cover approximately 0.37ha.

The proposed care home would be located on the northern side of the proposed estate road and would provide a significant backdrop to the public open space and the open countryside beyond. The building is of a significant length and after negotiation its design has been amended to appear as a series of buildings with glazed linkages and differing roof heights and slopes in order to break up its expanse. The elevation to the internal estate road would be broken up with two projecting wings, a focal main entrance and car park areas.

A total of 70 bedrooms are now proposed together with communal lounge and dining room facilities. The bedrooms will be equipped with bathroom facilities and will be fitted to accommodate hospital grade beds and medical support facilities.

Three separate parking areas will be provided for staff, blue badge holders and visitors. A total of 28 parking spaces are proposed and two set down spaces for ambulances are included adjacent to the main entrance. Having considered the scale of the development and the proposed parking provision I consider that there is insufficient parking. In reality I do not consider that 28 spaces is sufficient to cope with the demand that there will inevitably be for a 70 bed care home from both staff and visitors. I have therefore requested that an additional 10 parking spaces be provided within the curtilage of the care home in order to meet the maximum parking standard of 38 spaces. This is based on 70 residents and approximately 20 staff members will be employed on site at any one time.

Medical Centre

The Local Plan Review allocates a site adjacent to the Fire Station for a new medical centre for Bidford. The allocation was made in response to a request from the doctors’ practice because their existing facilities are at capacity and have little scope for expansion. However, it has now become apparent that the allocated site is not large enough for the practice’s long-term needs and they have confirmed that they have no intention of taking up the site. Various other sites have been considered in and around the village but it is evident that there is no readily available, suitable alternative site to the one proposed on Friday Furlong.

The proposed medical centre is situated to the north of the track which forms part of the greenfield component of the site. However as there is scope for the release of greenfield land for opportunities addressing expressed local need through Policy COM.1 of the Local Plan Review, I raise no objection to the medical centre being located in this position.

The proposed medical centre would be a replacement for the existing medical centre in Bidford High Street and would comprise of a two storey building of contemporary design accommodating 13 consulting rooms, dispensing chemist, reception and waiting room, offices, toilets and two treatment rooms on the ground floor and offices, meeting room, staff room, physiotherapy, chiropody and maternity room on the first floor.

The medical centre would be located on the frontage with Waterloo Road providing legibility and easy access to the village. Car parking is proposed to the front and rear of the building and would consist of 62 parking spaces including four allocated for blue badge holders.

The transfer of the land from the applicants to the medical practice on which the medical centre is proposed will be secured through a legal agreement. The cost of construction of the centre itself will be met by the medical practice from the sale of the existing site in the High Street.

Highways

The application proposes a new vehicular access from Waterloo Road approximately 1m south of where the existing Friday Furlong track joins Waterloo Road. The 5.5m wide carriageway will have the benefit of footpaths on either side providing easy access through the site. There road alignment has been designed with a 90-degree speed control bend in order to keep traffic speeds to a minimum.

The public open space will be connected to the development via three footpath links making it accessible and desirable. An emergency vehicular link will be provided from Lambourne Close through the site to the public open space and Waterloo Road.

The proposed development includes a ‘home zone’ serving 52 dwellings. The ‘home zone’ has been specifically designed with a 3.2m wide carriageway with passing spaces and will be constructed of a gravel bound into tarmac to create a more informal road surface and streetscape. Entrance features, tree planting and street furniture will create an informal space around the dwellings. The intention is to create an area where cars are no longer a priority but instead the street is effectively shared between pedestrians and cyclists and motorised vehicles. The carriageway width is deliberately designed to ensure traffic speeds are at an absolute minimum creating a safer and more informal area distinctly different from the rest of the estate.

The Bank is currently the subject to a Footpath Creation Order by the District Council under the Highways Act 1980. The current proposal includes a pedestrian and cycle link to The Bank in accordance with Proposal BID.E.

A transport assessment has been carried out and forms part of the application. This has been considered by the Highway Authority who has not raised any objections to the application.

Drainage and Flooding

The applicant has submitted a drainage strategy as part of the application. The strategy states that surface water drainage of the roads is via traditional gullies and from other vehicle areas by employing a combination of permeable bonded bead and gullies. Drainage from roofs and hard surfaces flow to a network of surface water sewers, to be adopted, which outfall into ponds and infiltration basin. The ponds will be sized to ensure major storms can be stored within the ponds until infiltration allows more frequent flow rates to dissipate. The pond to the south of the track will be lined to provide a permanent wet water feature and ecological resource with timber jetty.

Foul water drainage will be to a network of adoptable foul water sewers under the road which outfalls to a pumping station at the south west end of the site. A rising main will be utilised to the flows from the pumping station to existing public sewers in Lambourne Close.

Relocation of Gypsies

The Local Plan Review Inspector carefully considered the issue of the lack of alternative site provision for travellers currently occupying the site and commented that whilst the District council no longer have a duty to provide sites for travellers they do have a duty to adopt policies which will enable provision to meet identified need. The provisions of policy CTY.7 of the Local Plan Review enables additional sites to come forward if an unmet need for further accommodation is demonstrated. Circular 01/2006 provides updated guidance on the planning aspects of finding sites for gypsies and travellers and how local authorities and gypsies/travellers can work together to achieve that aim.

Public Open Space and Landscaping

When confirming the allocation at the Local Plan Inquiry, the Inspector amended the original allocation by restricting development to the south of the track and allocating the land to the north of the track for public open space.

This detailed application complies with the Inspectors report by allocating, with the exception of the medical centre, all land to the north of the track for public open space, a total of 0.378ha. The public open space will include an area of equipped play and a five-a-side football pitch together with an extensive grassland area and paths.

The public open space will provide recreational opportunities for the development itself and will help meet the imbalance in the location of open space within the village as a whole. Much of the existing open space is located to the south of the river and is inconvenient for a large proportion of the village.

Legal Agreement

The scale and nature of this development allows the District Planning Authority to secure a variety of benefits for the local community. The following will be secured through a legal agreement:

Financial contribution towards highway improvement schemes and infrastructure (about £186,000); Financial contribution towards improving education facilities (about £222,000); Financial contribution towards improving library facilities (amount to be confirmed); The conveyance of land (0.5ha) to Bidford Medical Practice for the purposes of locating a new medical centre for the village of Bidford; Financial contribution towards provision of public art (about £7,500); Financial contribution towards the improvement of community facilities within Bidford (previously earmarked for the modernisation of the Crawford Memorial Hall and the youth club) (about £15,000); Provision of 30% on site affordable housing; Appropriate and long-term maintenance of public open space and equipped play areas.

RECOMMENDATION

1. That subject to

(i) The submission of a revised drawing showing an additional 10 parking spaces for the proposed care home;

(ii) An extension to the red line site to join with the start of the proposed footpath link AL21; and (iii) The completion on an unopposed basis of such legal agreement or agreements as may be considered appropriate in order to secure:-

An appropriate contribution towards transport schemes and infrastructure (about £186,000); An appropriate education contribution (about £222,000); An appropriate libraries contribution (amount to be confirmed); The conveyance of land to Bidford Medical Practice for the purposes of locating a new medical centre for the village of Bidford; 30% on site affordable housing provision; An appropriate contribution towards public art (about £7,500) An appropriate contribution towards community facilities (about £10,000 towards modernisation of Crawford Memorial Hall, £5,000 towards Bidford Youth Club) Appropriate long-term maintenance of public open space and play areas; The physical linkage of the pedestrian and cycle link from the site onto the proposed footpath link AL21, all to the satisfaction of the Area Planning Officer, the Area Planning Officer be authorised to issue the formal notice of decision GRANTING planning permission subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason To comply with Section 91 of the Town and Country Planning Act 1990. The District Planning Authority does not consider that there are overriding reasons to set a different duration for the permission.

2. The development hereby permitted shall be carried out only in accordance with the details of development as shown on the various amended drawings/additional information received by the District Planning Authority.

Reason To ensure that only the approved development is carried out in order to protect the amenities of the area.

3. No part of the development hereby permitted shall be commenced until samples of all external materials to be used on the external surfaces of the buildings have been submitted to and approved in writing by the District Planning Authority and thereafter the development shall only be constructed in accordance with these approved details.

Reason To ensure that the appearance of the development is acceptable.

4. Notwithstanding information submitted as part of this application, no works subject of this permission shall be commenced until large scale drawings of verges, eaves, window surrounds, heads, cills and chimney details have been submitted to and approved in writing by the District Planning Authority and thereafter the works shall only be carried out in accordance with these details.

Reason To ensure an acceptable form of development.

5. None of the dwellings hereby approved shall be occupied unless and until the estate road access and junction improvements have been provided with 7.5 metre kerbed radius turnouts on each side.

Reason In the interests of highway safety.

6. None of the dwellings hereby approved shall be occupied unless and until a public highway footway crossing onto Waterloo Road has been laid out and constructed in accordance with a plan which has been approved, in writing, by the District Planning Authority before the development hereby permitted is commenced.

Reason In the interests of highway safety.

7. Notwithstanding the details shown on the submitted plans, residential driveways, carriageways and highway footways and verges shall be constructed to the minimum standard width as set out in the Transport and Roads for Development: The Warwickshire Guide 2001, unless otherwise approved by the District Planning Authority in writing.

Reason In the interests of highway safety.

8. No part of the development hereby permitted shall be occupied until visibility splays to the new access have been provided with an 'x' set back distance of 4.5m and a 'y' distances of 70m and no structure or vegetation exceeding 0.6m in height above the adjoining highway carriageway shall be placed, allowed to grow or be maintained within the visibility splay as defined.

Reason To ensure safe access into and out of the site

9. The access to the site for vehicles shall not be used unless and until a bellmouth has been laid out and constructed within the public highway in accordance with details which have been submitted to, and approved, in writing, by the District Planning Authority.

Reason In the interests of highway safety

10. No part of the development hereby permitted shall be commenced until wheel wash facilities have been installed on the site in accordance with details which have been submitted to and approved in writing by the District Planning Authority and the facilities installed as part of this condition shall be maintained and available on site until the development has been completed.

Reason In the interests of highway safety to ensure that vehicles do not leave the site in a dangerous condition.

11. No more than 50 dwellings shall be occupied unless an until a combined emergency vehicular access, footpath and cycleway link from Waterloo Road to Lambourne Close is provided in accordance with details submitted to and approved in writing by the District Planning Authority and thereafter shall be made available at all times and maintained in accordance with such approved details.

Reason In the interest of public safety and in accordance with the standards of the County Highway Authority and in accordance with Proposal BID.E.

12. No part of the development hereby permitted shall be commenced until full details of soft landscaping works have been submitted to and approved in writing by the District Planning Authority. These details must include, where appropriate, planting plans, written specifications, a schedule of plants including species, plant sizes and proposed numbers/densities and a programme of implementation. Plans must also include accurate plotting of all existing landscape features.

The works approved as part of this condition shall be completed within the first planting season following the first occupation of any part of the development.

Reason To ensure that a high standard of landscape associated with the development is achieved.

13. Any trees or shrubs planted in pursuance of this permission including any planting in replacement for it which is removed, uprooted, severely damaged, destroyed or dies within a period of five years from the date of planting shall be replaced by trees or shrubs of the same size and species and in the same place unless otherwise agreed in writing by the District Planning Authority.

Reason To ensure that the approved landscaping is properly maintained.

14. No part of the development hereby permitted shall be commenced until a schedule of landscape maintenance, including details of its implementation for a minimum period of five years from first planting has been submitted to and approved in writing by the District Planning Authority.

Reason To ensure that the approved landscaping scheme is properly maintained.

15. No part of the development hereby permitted shall be commenced and nor shall any equipment, machinery or materials be brought onto the site until a scheme for the protection of all existing trees and hedges to be retained on site has been submitted to and approved in writing by the District Planning Authority and has been put in place. The scheme must include details of the erection of stout protective fencing and be in accordance with British Standard BS5837: 1991, a Guide for Trees in relation to construction. Nothing shall be stored or placed in those areas fenced in accordance with this condition and nor shall the grounds levels be altered or any excavation take place without the prior consent in writing of the District Planning Authority. The approved scheme shall be kept in place until all parts of the development have been completed and all equipment, machinery and surplus materials have been removed.

Reason To protect trees and other features on site during construction.

16. No part of the development hereby permitted shall be commenced until full details of hard landscape works have been submitted to and approved in writing by the District Planning Authority. The details must include

existing and proposed finished levels or contours; the position, design and materials of all site enclosures, car parking layout and other vehicular and pedestrian areas; hard surfacing materials, minor artefacts and structures (e.g. street furniture, play equipment, refuse areas, lighting etc;) and any retained historic features and proposals for restoration.

The works approved as part of this condition shall be completed before the first occupation of any part of the development

Reason To ensure a high standard of landscape within the development.

17. Notwithstanding the details shown on the submitted plans, no part of the development hereby permitted shall be commenced until detailed plans and specifications including materials of the proposed pumping and sub stations have been submitted to and approved in writing by the District Planning Authority and the development thereafter shall only be carried out as approved.

Reason The details submitted with the planning application were not sufficiently detailed.

18. No part of the development hereby permitted shall be commenced until detailed plans and sections showing existing and proposed site levels and finished floor levels have been submitted to and approved in writing by the District Planning Authority and the development thereafter shall only be carried out as approved.

Reason To ensure that the development is properly integrated with the surroundings.

19. No part of the development hereby permitted shall be commenced until a scheme for the provision of water supply and fire hydrants necessary for fire fighting purposes at the site has been submitted to and approved in writing by the District Planning Authority and no part of the development shall be occupied until the approved scheme has been installed.

Reason In the interests of public safety.

20. Notwithstanding the provisions of Part 4 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification) no buildings, compounds, structures or enclosures which are required temporarily in connection with the development hereby permitted shall be placed or erected on the site or adjacent land until details have been submitted to and approved in writing by the District Planning Authority. Any matters covered by this condition shall thereafter only be sited in accordance with these approved details.

Reason To protect the amenity of residents in the vicinity of the site.

21. No part of the development hereby permitted shall be occupied unless and until the approved scheme(s) for the disposal of sewage and surface water have been carried out.

Reason To ensure that adequate drainage is provided in the interests of public health and amenity.

22. No part of the development hereby permitted shall be commenced until a detailed scheme for the provision, layout and siting of play equipment within the play area and the football pitch has been submitted to and approved in writing by the District Planning Authority and no part of the development hereby permitted shall be occupied until the play equipment has been installed in accordance with the details approved.

Reason To ensure the proper provision of play facilities.

23. No part of the development hereby permitted shall be occupied unless and until all existing buildings and structures within the application site have been completely demolished and removed from the site all demolition materials have been removed from the site.

Reason To ensure that the development is carried out in accordance with the planning permission.

24. Prior to the commencement of the development hereby permitted and prior to any demolition works or works to clear land within the application site a survey of all existing buildings shall be carried out by a suitably qualified batworker to determine the location of any bat roosts. In the event that bat roosts are identified the survey report should recommend measures to ensure any bats present are protected through the use of mitigation measures including timing of works. The details of the survey and any recommended measures shall be submitted to the District Planning Authority for approval in writing prior to the commencement of the development hereby permitted and prior to any demolition works or works to clear land within the application site. Such approved mitigating measures shall be implemented in accordance with a timetable agreed in writing by the District Planning Authority.

Reason Bats and bat roosts are protected under the 1981 Wildlife and Countryside Act and appropriate mitigation measures are required in the event that they are present at the site.

25. If evidence of badgers is found the proposed development shall not commence until a full badger survey has been carried out by a badger expert and the results of which submitted to the District Planning Authority. The results and recommendations of the survey shall be kept confidential and taken into account during the design and implementation of the development. If evidence of badgers is found, English Nature should be consulted, as badgers and their setts are protected under the Badgers Act 1992.

Reason To comply with the requirements of the Badgers Act 1992.

26. None of the dwellings hereby permitted with dedicated parking in rear parking courts shall be occupied until lighting has been provided for the rear parking court serving those dwellings in accordance with details approved in writing by the District Planning Authority.

Reason In the interest of public safety and the reduction of crime.

27. Notwithstanding the details shown on the submitted plans, no part of the development hereby permitted shall be commenced until detailed plans and specifications of appropriate secure cycle parking facilities have been submitted to and approved in writing by the District Planning Authority and

the offices hereby approved shall not be occupied unless the approved cycle parking is maintained available for the parking of bicycles.

Reason The details submitted with the planning application were not sufficiently detailed and in the interest of sustainability.

28. Notwithstanding the details shown on the submitted plans, no part of the development hereby permitted shall be commenced until detailed plans and specifications of appropriate screened refuse facilities have been submitted to and approved in writing by the District Planning Authority and the development thereafter shall only be carried out as approved.

Reason The details submitted with the planning application were not sufficiently detailed.

Notes to Applicant

1. Barn Owls, bats, bat roosts and nesting birds are protected under the 1981 Wildlife and Countryside Act and badgers are protected under the 1992 Badgers Act. If signs of Barn Owls, bats or badgers are found, work should stop whilst English Nature is consulted.

2. Work should avoid disturbance to nesting birds. Nesting birds are protected under the 1981 Wildlife and Countryside Act and the Countryside and Rights of Way Act 2000. The main nesting season lasts approximately from March to September, so work should take place outside these dates if at all possible. However, birds can nest at any time and the site including any buildings should ideally be checked for their presence immediately before work starts.

3. The applicants’ attention is drawn to the existence and principal requirements under The Party Wall Act etc. 1996.

4. The applicant is advised that notwithstanding this consent, Section 184 of the Highways Act 1980 requires the proper construction of vehicle crossings over kerbed footways, verges or other highway land. Normally this work will be undertaken at the expense of the applicant by the highway authority although on occasions there might be instances where the applicant under supervision can undertake this work.

5. Condition 7 requires that the estate roads including footways, cycleways, verges and footpaths are designed and laid out in accordance with the principles set out in ‘Transport and Roads for Developments: The Warwickshire Guide 2001’ and constructed in accordance with the Highway Authority’s standard specification. The developer is advised that they should enter into a Highway Works Agreement with the Highway Authority made under Section 38 of the Highways Act 1980 for the adoption of the roads. The approval of plans for the purposes of the planning permission hereby granted does not constitute an approval of the plans under Section 38 of the Highways Act 1980. An application to enter into a Section 38 Highway Works Agreement should be made to the Development Group, Warwickshire County Council, Planning and Transport Department, Shire Hall, Warwick, CV34 4SX.

6. Unless the developer has entered into an agreement under Section 104 of the Water Industry Act 1991 with the appropriate water supply and sewerage treatment company for the adoption of all sewers contained or

passing within the limits of a highway, the Highway Authority may not be prepared to complete a Highway Works Agreement under Section 38 of the Highways Act 1980 to adopt the highway.

7. Before preparing detailed plans of the estate roads for the purposes of adoption under Section 38 of the Highways Act 1980, the developer should contact, where appropriate, the Street Lighting Group, Warwickshire County Council, Planning and Transport Department, Shire Hall, Warwick, CV34 4SX.

8. The route marked as cycle way close to Hill View must be built to adoptable standards and included in the adoption scheme for the development. If however, it is not intended to adopt the estate road, a public footpath must be created from Hill View through to Waterloo Road following the proposed footway. Please contact Martin Fry on 01926 413431 at Warwickshire County Council for advice and information on public path creation.

The Reason for Recommending Granting Planning Permission

The development proposals comply with the policies and proposals of the Warwickshire Structure Plan 1996-2011 the Stratford on Avon District Local Plan and the Stratford on Avon District Local Plan Review 1996-2011 (Revised Deposit Draft). There are no material considerations that are sufficient to justify overriding these policies.

The decision to grant planning permission has been taken having regard to the following policies and proposals as set out in the policy section above.

2. That the Head of Legal Services be authorised to undertake the legal agreement(s) in accordance with part 1 of the recommendation.

APPLICATION REFERENCE NO. 05/02181/FUL EXECUTIVE SUMMARY

Site Address 197 And 199 Banbury Road, Stratford-upon-Avon, Warwickshire

Demolition of 2 no. existing properties and erection of 31 no. residential properties, comprising 5 no. apartments, 3 no. Proposals detached, 6 no. semi-detached and 17 no. terraced properties with associated access and landscaping proposals.

Date Received 27 July 2005 Case Officer Richard Gardner

Presenting Committee Date 2 March 2006 John Clarke Officer

Full planning Type of Application Applicant Langstone Homes application Beese Town Ward Member(s) Organ Stratford-upon-Avon Council Seaman Referral to Planning and Only if objection is Previous No Regulation raised in principle Committee Committee

Demolition of two detached dwellings set in large plots. Provision of 31 dwellings with a mix of 2 to 5 bedroom accommodation. 30% provision of affordable housing (9 units, Plots 19-27). Vehicular access from a T-junction with the Banbury Road. Provision of public open space, wet balancing pond and play area. Landscaped buffer zone along north-east boundary with open countryside. Retention of TPO trees but felling of a number of non-TPO trees. Potential link to adjoining land forming part of the same housing Description of allocation. Proposals A Design Statement, Planning Statement, Tree Survey, Bat Survey, Ecological Survey, Noise Assessment, Transport Statement and Drainage Statement have been submitted. Amended Plans have been received during the course of the application to show Access Revisions to Plots 3 and 25, Retention of Fruit Trees, Relocation of Garage to Plots 17 and 18, Bat Roost Details, Omission of 4 parking spaces, Reduction in height of Units 12-14 and Reduction in size of pond A revised Transport Statement was submitted during the course of the application to consider the site in conjunction with the remainder of the allocation. Reason for Referral Scale of the proposals to APC Town Council objection

Residential development proposal SUA.Z of the Proposed Modifications to the draft Local Plan Edge of town location Planning Neighbouring residential properties Constraints TPO trees Topography/contours of site Adjacent to Bridgetown Character Area in Stratford Town Design Statement Principle of proposals Design, siting and appearance of buildings/streetscene Impact on neighbours Impact on TPOs Traffic congestion and highway safety Key Issues Affordable housing provision Public open space provision Drainage Impact on services and infrastructure Ecological considerations

Recommendation GRANT subject to a Legal Agreement

SUMMARY OF POLICY AND BACKGROUND PAPERS

POLICY

The Development Plan

Warwickshire Structure Plan 1996 - 2011

GD.1 Overriding Purpose GD.3 Overall Development Strategy GD.4 Strategic Constraints GD.5 Development Location Priorities GD.7 Previously-Developed Sites H.1 Provision of Housing Land H.3 Greenfield Land for Housing H.5 Housing Provision in Stratford-on-Avon District ER.1 Natural and Cultural Environmental Assets ER.2 Environmental Impact of Development

Stratford-on-Avon District Local Plan

ENV1 General Principles of Acceptable Development ENV9 Trees ENV15 Nature Conservation and Geology ENV16 Ecological and Geological Site Enhancement H7 Social Housing RECS4 Local Open Space IMP.1 Supporting Information

Other Material Considerations

Central Government Guidance

PPS1 General Policy and Principles PPG3 Housing

PPG9 Nature Conservation PPG13 Transport PPG25 Development and Flood Risk

Stratford–on-Avon District Local Plan Review 1996-2011 (as proposed to be modified)

STR.1 Settlement Hierarchy STR.2 New Housing Provision STR.2B Density STR.4 Previously Developed Land PR.1 Landscape and Settlement Character EF.6 Nature Conservation and Geology EF.7 Nature Conservation and Geology EF.7A Protected, Rare or Endangered Species EF.10 Trees, Woodland and Hedgerows DEV.1 Layout and Design DEV.2 Landscaping DEV.3 Amenity Space DEV.4 Access DEV.5 Car Parking DEV.6 Services DEV.7 Drainage COM.4 Open Space COM.5 Open Space COM.7 Bus Services Support COM.9 Walking and Cycling COM.13 Affordable Housing COM.14 Mix of Dwelling Types SUA.1 Town Setting SUA.2 Town Character SUA.Z Residential Development North of Banbury Road IMP.4 Infrastructure Provision IMP.5 Infrastructure Provision

Supplementary Planning Guidance

Stratford on Avon District Design Guide Stratford Town Design Statement Methodology for Calculating Developer Contributions Towards Transport Schemes in Stratford upon Avon Town Design Statement Residential Design Guidance and Review of Conservation Areas in Stratford-upon- Avon

Human Rights Act 1998

Article 6 : Right of a fair trial Article 8 : Right to respect for private and family life Article 1 of the First Protocol : Protection of Property

REPRESENTATIONS

Town Council

Object to mass, bulk and size. There is insufficient infrastructure to cope with any more development in this area. (08.09.2005)

In response to access amendment: Objection remains (08.9.2005)

In response to fruit trees and bat roost amendment: Objection remains (07.10.2005)

Third Party Representations

70 letters of objection have been received based on the following comments:

The whole area in the vicinity of the site should come forward as one planning application The site is outside the built up area boundary in the Local Plan The housing needs in Stratford and on the south side of the river are already met This will set a precedent for other gardens to be redeveloped Housing density is too high There will be an adverse impact on the streetscene on an important entrance to the Town Harm will be caused to the character of the town through the infilling of gardens and loss of large traditional and perfectly habitable houses Not a brownfield site Proposals do not accord with the Town Design Statement The use of 2.5 and 3 storey houses is uncharacteristic of the area Access will be below the brow of Waterloo Hill, which would be harmful to highway safety. Traffic congestion at Alveston roundabout and Clopton Bridge will be made increasingly unacceptable particularly given the increase in traffic from Trinity Mead and other developments feeding into this junction Harm to Clopton Bridge There are inadequate transport facilities to and from the site Traffic congestion will hamper the emergency services Parking problems in the Town Centre will be exacerbated Highway safety dangers trying to cross Banbury Road The development will harm the amenities of the neighbouring properties on Milestone Road and Waterloo Rise through loss of privacy and overbearing impacts Increased noise and pollution for residents The water and sewage system will not be able to cope Bridgetown school has no capacity to take additional pupils There are no doctors, dentists, shops and facilities to serve the development There will be an adverse impact on the local wildlife People want larger houses Too many social units Houses will be hard to sell Increased risk of intruders accessing neighbouring property Increased petty vandalism

Stratford Society

Make the following comments:

Encouraged by the green setback Tall units on the north-eastern edge present a hard suburban edge Increase in population without a similar increase in services is a concern (01.9.2005)

Applicant’s Comments

Design Statement

The existing landscaped space to the frontages is to be retained as public open space to ensure the setting of the site has a pleasing aspect to all passers-by, but retention of trees and hedgerows will create a healthy buffer zone to the frontage.

All of these newly designed dwellings are to be of a typically Warwickshire vernacular with red facing brickwork and string course detailing. Curved arched headers with cut brick sills and corbelled eaves details are prevalent on each property.

Planning Statement

The application site by virtue of its current use falls within the definition of previously developed land set out in Annex B of PPG3. The site represents exactly a location which the Government would wish to see maximised for residential purposes.

The site is located within walking distance of Stratford town and is considered to be a sustainable location for development. The development of the application site will minimise the need to travel by car due to the existence of school, employment and community facilities in close proximity as well as access to other modes of transport provision.

Transport Statement (includes other sites forming part of allocation)

The combined site consists of four houses with large gardens and has merits for redevelopment for residential purposes. The key highway planning issues are summarised as follows:

The combined site promotes a development of potentially 100 units. Access would be contained from a simple priority junction onto Banbury Road and a connection onto the Southern Relief Road Roundabout.

The site infrastructure would be designed in accordance with the framework of guidance published by Warwickshire County Council.

Visibility splays of 4.5 metres by 70 metres, as specified in the Warwickshire Guide, can be provided from the proposed site access onto Banbury Road. The junction onto the new roundabout would be designed in accordance with published guidelines provided by the Highways Agency. Adequate junction spacing and visibility is provided at the new junction onto Banbury Road.

Traffic from the entire site of Areas 1, 2 and 3 would be distributed across three routes thereby diluting the impact of potentially 44 departures in the morning peak. The impact on Banbury Road is quantified as 6.3% in the morning peak. If all traffic from the entire development uses Clopton Road Bridge then the impact can be quantified as 3.6%.

CONSULTATIONS

Flood Defence Officer

No objection subject to conditions (10.08.2005)

A ‘wet’ pond is ecologically desirable and for health and safety reasons it should be enclosed. (05.1.2006)

Highway Authority

Holding objection until accesses to multiple car parking areas are shown to be a minimum of 5m wide (11.8.2005).

In response to an amendment illustrating access widening: No objection (30.8.2005).

In response to revised Transport Statement: No objection. A Strategic Transport Contribution of £55,440 is required (04.1.2006).

County Planning Authority

The development accords with Structure Plan policy GD3, constituting previously developed land and being within Stratford-upon-Avon. No objection is raised.

The proposals will however have an impact on services provided by the County Council and the following contribution will therefore be required:

- Education Contribution £94,027

(18.08.2005)

Severn Trent Water

No objection (23.08.2005)

Environment Agency

Encouraged to see the use of SUDS and recommend the use of a ‘wet’ balancing pond to act for attenuation and for wildlife. (09.01.2006)

Head of Environmental Health

Accepts the findings and conclusions of the Hoare Lea Acoustics Report. (18.08.2005)

WCC Museum (Ecology)

Detail of bat roosts are required and more fruit trees should be retained. Retention or replacement of some of the low stone walls is recommended. (26.08.2005)

In response to bat roosts and retained fruit trees: Welcome the retention of fruit trees and the new planting. Welcome the replacement bat roosts in Garages 7-10 and recommend a condition concerning this. Recommend a condition regarding an Environmental Protection Plan. (07.10.2005)

WCC Museum (Archaeology)

No objection subject to an archaeological condition (16.08.2005)

WCC Fire and Rescue

No objection subject to a fire hydrant condition (24.08.2005)

Forestry and Landscape Officer

Objects to original scheme as contrary to the British Standards, Trees in Relation to Construction (20.01.2006)

RELEVANT PLANNING HISTORY

Reference Number Proposal Decision and date 05/00889/FUL Demolish 2 dwellings and construct 31 Refused dwellings 28.06.2005 Ongoing Appeal 04/01110/OUT Demolish 2 dwellings and construct 39 Withdrawn dwellings

Applications below relate to site at 205A & 207 Banbury Road

04/03025/FUL Demolish 2 dwellings and construct 60 Refused dwellings 23.03.2005 04/03359/DEM31 Demolition of dwelling Prior Approval Required 3.12.2004 04/01350/FUL Demolish 2 dwellings and construct 57 Withdrawn dwellings 24.09.2004 03/02702/FUL Demolish 2 dwellings and construct 64 Withdrawn dwellings 23.04.2004 02/01898/FUL Demolish 1 dwelling and construct 6 Withdrawn dwellings 24.09.2004

ASSESSMENT OF THE KEY ISSUES

Principle of proposals

The key policy consideration in relation to the principle of development is Policy SUA.Z of the Proposed Modifications to the Local Plan Review. This policy allocates this site and land to the south-east as part of an allocation for residential development. It requires co-ordinated treatment of the site in relation to access, layout, design and landscaping. I therefore consider that the site is acceptable in principle for redevelopment subject to satisfactory mitigation of any site specific or infrastructure problems.

The question as to whether the application represents piecemeal development has been addressed by the provision of an illustrative Masterplan and Transport Statement. The Masterplan shows how different application sites within the allocation can work either as individual stand-alone schemes or as a wider comprehensive development of the area, if intervening landowners decide to redevelop their landholdings. The Transport Statement uses data based on the assumption of the whole allocation being brought forward and proposes access arrangements to reflect this.

The general concept of the Masterplan is considered acceptable and I consider that the redevelopment of this site is capable of coming forward as a stand-alone site, subject to normal planning criteria being met.

Design, siting and appearance of buildings/street-scene

The main public view of the site is from along the Banbury Road. At present the two houses on the site are well set back within the plots and are not readily visible. It is intended to maintain an undeveloped character to the front portion of the site by providing an area of public open space (POS) adjacent to the road and setting the houses back from the front boundary by 30-35 metres. Important TPO trees and the front boundary hedges are to be largely retained and 6 houses would front Banbury Road on a site with a 65m frontage.

I therefore consider that the scheme, when viewed from the Banbury Road, would visually accord with the existing low-density open and well-landscaped plots along this part of the road. The resulting street-scene would appropriately reflect the character and appearance of this suburban arterial route.

The house types proposed for the site are a good mixture of generally traditionally designed houses, which make reference to the varied house types along Banbury Road. The internal layout of the estate provides well-designed vistas and pleasing street-scenes and incorporates existing trees in key areas. In particular the retention of a Sycamore and an Oak on the green-space at the centre of the development would result in an attractive centre to the development.

The scheme proposes the retention of existing trees along all boundaries. Views of the site across fields to the rear are obtained from the public footpath running through Arden Heath Farm and the rear of properties on the town boundary. The retention of screening to the north-east boundary will be particularly important.

Impact on neighbours

The key neighbouring properties potentially affected by the development are 2 Milestone Road and those on Waterloo Rise, which bound the site.

2 Milestone Road has a side gable fronting the site, which is blank at first floor level. This and the presence of a thick boundary hedge would ensure that there is no loss of privacy to this property. There would be some increased overshadowing during the morning; however, I do not consider that this would be to an unreasonable extent given the fact that Unit 1 is set 5m away from the boundary.

Even Numbers 4-12 on Waterloo Rise run along the north-west boundary of the site. The part of the application site adjacent to these properties has been designed to contain parking and garages, thereby eliminating light and privacy loss. Units 9-11 are set 22m away from the rear of houses on Waterloo Rise, which is an acceptable distance for ensuring privacy.

I have carefully considered the relationship between Unit 12 and No.15 Waterloo Rise. Unit 12 has several small windows on its north-west elevation and these can be obscure glazed through condition to maintain privacy. It is 8.8m high and would cause some morning overshadowing to No.15. This is mitigated to an acceptable extent by the 8m separation between buildings and the fact that No.15’s main windows are not on the elevation fronting the application site.

Impact on TPOs

The site has a number of TPO trees and the layout has been designed and subsequently amended to retain these. The development of the site and construction methods, hard landscaping, tree works and tree protection measures will need to be carefully controlled to ensure the long-term survival of the TPOs and other important trees within the site.

Traffic congestion and highway safety

The site currently contains two large dwellings. The proposals seek the provision of 31 units, a net increase of 29 dwellings. Vehicle movements to and from the site would therefore significantly increase and the implications for the access and wider highway network therefore need to be carefully assessed both in relation to the application site and other development sites in the vicinity.

The Transport Statement has assessed (in conjunction with other likely developments within the allocation, as required by Policy SUA.Z) the likely impacts of traffic flows to and from the site and in the context of the local highway network. The Statement does not identify any unacceptable implications for congestion that will result from increased traffic movements and the Highway Authority has raised no objection.

It is noted that significant numbers of objectors to the scheme have raised the issue of congestion at the Alveston roundabout and Clopton Bridge. There is not, however, any submitted evidence which proves that the local highway network will be unable to cope with additional flows. It is therefore considered that there is insufficient reliable traffic flow and trip generation data to justify any refusal of the proposals based on highway congestion and highway safety.

As part of the mitigation of additional traffic flows the applicants would be required to pay the sums of £55,440 towards traffic schemes to alleviate congestion in the town along with a contribution of £38,750 towards public transport facilities/services to the site. It is therefore considered that the scheme is acceptable in trip generation and highway safety terms.

Affordable housing provision

The applicants have agreed to provide a minimum 30% affordable housing on the site, which equates to 9 dwellings (Units 19-27). The mix of house types and their location is considered acceptable with regard to the requirements of Policy COM.14 ‘Mix of Dwelling Types’. The affordable housing will be secured by a legal agreement.

Public open space provision

The applicants have provided an extensive area of public open space to the front of the site, a play area within the centre of the site and landscape buffer zones along site boundaries. It is intended to secure a management plan for the upkeep and maintenance of this land. The equipped child’s play area will be satisfactorily observed from new dwellings.

Drainage

Policy DEV.7 of the Local Plan Review expects proposals to incorporate Sustainable Urban Drainage Systems (SUDS) where possible. The scheme has been amended in order that surface run–off from part of the site initially flows

into a balancing pond within the POS at the front of the site. A Drainage Report has been produced and the Flood Defence Officer is satisfied with its proposals.

The Drainage Report contains calculations based upon the slightly larger pond originally proposed; however, Condition 8 ensures that correct calculations can be provided before the approval of drainage details. I consider that this combination of surface water drainage methods meets the requirement of Policy DEV.7 to provide SUDS where possible.

A ‘wet’ balancing pond is the preferred option put forward by the report, as this would be full at all times, thereby providing ecological and amenity benefits. It is likely to require fencing for health and safety reasons.

Impact on services and infrastructure

The County Council acknowledge that schools in Stratford are at capacity. The County are therefore requesting a contribution of £94,027 to go towards meeting the demand for education provision that the residents of the new development would generate.

The site is situated in an edge of town location and is therefore more distant from some shopping employment and leisure facilities than sites closer to the town centre. In the wider context, however, the site can be viewed as being relatively sustainable compared to the District as a whole. It is considered that the site offers the possibility for services and facilities to be reached by means other than the private car, for example via the regular local bus service or the developing cycle network. It is also considered that provision of some services/facilities can be demand led and therefore the opportunity exists for these to be supplied in the future – for example an area of the Trinity Mead site has been identified as a small retail area.

There are no identified problems that have come to light from statutory undertakers regarding supplies or capacity of infrastructure and services.

Ecological considerations

A Bat Survey has been submitted, which reports on the presence of brown long- eared bats, probably in a maternity roost. The provision of details to show a replacement roost in the roof-space of garages 7-10 ensures that the development can proceed in accordance with the requirements of Policy EF.7A ‘Protected, Rare or Endangered Species’ of the Local Plan Review. The Ecology Unit has recommended a further survey and I am satisfied that this can be controlled through a condition.

An Ecological Survey has been submitted, which did not find evidence of Great Crested Newts. It does, however, highlight the importance of the site’s fruit trees and the provision of a pond. I am satisfied that the scheme retains or replaces an acceptable number of fruit trees and that the pond will provide a habitat for the amphibians found amongst existing garden stone work.

RECOMMENDATION

1. That subject to the completion of a legal agreement(s) to secure the following:

an appropriate contribution towards transport schemes for the town (about £55,440);

an appropriate contribution towards public transport provision (about £38,750); an appropriate contribution towards education provision (about £94,027) an appropriate contribution towards open space maintenance or details of its maintenance by other means a minimum of 30% affordable housing on the site the continuation of the main estate road through to potential development land to the south-east, all to the satisfaction of the Area Planning Officer, the Area Planning Officer be authorised to issue the formal notice of decision GRANTING planning permission subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification) no development covered by Classes A and B, of Part 1 of Schedule 2 to that Order shall be carried out without planning permission granted by the District Planning Authority.

Reason To prevent harm being caused to the amenity of the area and to protect bat roosts.

3. No part of the development hereby permitted shall be occupied unless and until the existing buildings nos. 197 and 199 Banbury Road and associated outbuildings have been completely demolished and all demolition materials have been removed from the site.

Reason To ensure that the development is carried out in accordance with the planning permission.

4. No part of the development hereby permitted shall be occupied unless and until the means of vehicular access including public highway/verge crossing has been constructed in accordance with details which have been submitted to and approved, in writing, by the District Planning Authority.

Reason In order to ensure a safe access into the site.

5. No part of the development hereby permitted shall be occupied until the existing vehicular accesses to the public highway from 197 and 199 Banbury Road have been permanently closed and the highway grass verge reinstated, in accordance with details which have been submitted to and approved, in writing, by the District Planning Authority.

Reason To prevent the unauthorised use of an unsatisfactory access.

6. No part of the development hereby permitted shall be commenced unless and until details of access roads and footways have been submitted to and approved in writing by the District Planning Authority and no building shall

be occupied until these have been completed in accordance with the approved plans.

Reason In the interests of highway safety

7. No part of the development hereby permitted shall be commenced until detailed plans and sections showing existing and proposed site levels and finished floor levels of the development have been submitted to and approved in writing by the District Planning Authority and the development thereafter shall only be carried out as approved.

Reason To ensure that the development is properly integrated with the surroundings.

8. No part of the development hereby permitted shall be commenced until a scheme for the disposal of surface water and foul drainage has been submitted to and approved in writing by the District Planning Authority. The attenuation proposed must include a ‘wet’ balancing pond and be to a minimum standard to contain the run-off from a storm of 1 in 100 year intensity plus an additional 20% to account for climate change and calculations must show this. Thereafter no part of the development shall be occupied until the approved works have been carried out.

Reason To ensure that adequate drainage is provided in the interests of public health and amenity.

9. No part of the development hereby permitted shall be commenced until samples of all external materials to be used on the buildings have been submitted to and approved in writing by the District Planning Authority and thereafter the development shall only be constructed in accordance with these approved details.

Reason To ensure that the appearance of the development is acceptable.

10. No part of the development hereby permitted shall be commenced until large scale drawings of verges, eaves, dormers, chimneys, window surrounds, door surrounds and bays have been submitted to and approved in writing by the District Planning Authority and thereafter the development shall only be carried out in accordance with these details.

Reason To ensure an acceptable form of development.

11. No part of the development hereby permitted shall be commenced until details of the positions, design, materials and type of boundary treatment and means of enclosure have been submitted to and approved in writing by the District Planning Authority. No part of the development shall be occupied until these works have been carried out in accordance with the approved details.

Reason To ensure a high standard of design for the development.

12. No part of the development hereby permitted shall be commenced until full details of soft landscaping works have been submitted to and approved in writing by the District Planning Authority. These details must include planting plans, written specifications, a schedule of plants including species, plant sizes and proposed numbers/densities and a programme of

implementation. Plans must also include accurate plotting of all existing landscape features. The works approved as part of this condition shall be completed within the first planting season following the first occupation of any part of the development.

Reason To ensure that a high standard of landscape associated with the development is achieved.

13. No part of the development hereby permitted shall be commenced until full details of hard landscape works have been submitted to and approved in writing by the District Planning Authority. The details must include existing and proposed finished levels or contours; the position, design and materials of all site enclosures, car parking layout and other vehicular and pedestrian areas; hard surfacing materials, minor artefacts and structures (e.g. street furniture, play equipment, refuse areas, lighting, etc.) and any retained historic features and proposals for restoration. The works approved as part of this condition shall be completed before the first occupation of any part of the development.

Reason To ensure a high standard of landscape within the development.

14. No part of the development hereby permitted shall be commenced until full details of all service runs have been submitted to and approved in writing by the District Planning Authority. These details must include the location of all existing and proposed functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc. indicating routes, supports, etc.)

Reason To ensure that no trees are damaged as part of the construction process.

15. No part of the development hereby permitted shall be commenced and nor shall any equipment, machinery or materials be brought onto the site until a scheme for the protection of all existing trees and hedges to be retained on site has been submitted to and approved in writing by the District Planning Authority and has been put in place. The scheme must include details of the erection of stout protective fencing and be in accordance with British Standard BS5837 : 1991, a Guide for Trees in relation to construction. Nothing shall be stored or placed in those areas fenced in accordance with this condition and nor shall the grounds levels be altered or any excavation take place without the prior consent in writing of the District Planning Authority. The approved scheme shall be kept in place until all parts of the development have been completed and all equipment, machinery and surplus materials have been removed.

Reason To protect trees and other features on site during construction.

16. No part of the development hereby permitted shall be commenced until a scheme of landscape maintenance and management for the areas of public open space, the buffer planting zones along the boundaries and all other areas of incidental open space outside of private gardens, including details of its implementation from first planting, has been submitted to and approved in writing by the District Planning Authority. Such approved scheme shall thereafter be implemented in accordance with the agreed details therein.

Reason To ensure that the approved landscaping scheme is properly managed and maintained.

17. If within a period of 5 years from the date of first planting, any tree or shrub, or any replacements, is removed, uprooted or destroyed or dies or becomes in the opinion of the District Planning Authority, seriously damaged or defective, replacements of the same species and size as originally planted shall be planted at the same place unless otherwise agreed in writing by the District Planning Authority.

Reason To ensure a high standard of landscape design.

18. No development shall take place until an Environmental Protection Plan for works has been submitted to and approved in writing by the District Planning Authority.

Reason To protect features of recognised nature conservation and landscape importance.

19. No part of the works hereby permitted shall be commenced until a schedule of bat mitigation measures (as identified within ‘Banbury Road Warwickshire Baseline Bat Survey’ by Hellier Parker Ecological Services dated September 2004), including a further survey during the hibernation season, have been submitted to and approved in writing by the District Planning Authority. Such an approved scheme shall thereafter be implemented in accordance with the agreed details therein.

Reason To ensure that the protected species on site are protected.

20. No part of the development hereby permitted shall be commenced until a scheme for the provision of water supply and fire hydrants necessary for fire fighting purposes at the site has been submitted to and approved in writing by the District Planning Authority and no part of the development shall be occupied until the approved scheme has been installed.

Reason In the interests of public safety.

21. No part of the development hereby permitted shall be commenced until details of types of ventilation systems to be used have been submitted to and approved in writing by the District Planning Authority and thereafter the development shall only be carried out in accordance with these details.

Reason To protect the amenity of future occupiers.

22. No part of the development hereby permitted shall be commenced within the site until the applicant or agent or their successors in title have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the District Planning Authority.

Reason To ensure that a proper archaeological evaluation can take place.

23. The first floor en-suite window on the north-west elevation of Plot 1, the three first floor windows on the north-west elevation of Plot 12 and the first floor en-suite window on the south elevation of Plot 14 of the development hereby permitted shall be glazed with obscure glass and thereafter maintained in this condition at all times. The obscure glazing must be such that 100 point size text cannot normally be read when held behind the glass at a distance of 100mm.

Reason To prevent overlooking and loss of privacy to neighbouring properties.

24. No part of the development hereby permitted shall be commenced unless and until details of play equipment within the children’s play area have been submitted to and approved in writing by the District Planning Authority and thereafter the development shall only be carried out in accordance with these details.

Reason To ensure a safe and attractive finish to the play area.

25. The glazing in the development hereby permitted shall accord with the recommendations of the Report on Existing Site Noise Climate by Hoare Lea dated April 2005.

Reason To ensure an acceptable standard of amenity for future occupants

Notes to Applicant

For the avoidance of doubt the approved plans (and date received) are:

Land Survey 0720-2 27.07.2005 LHM/BRS/05/PLANNING/01E 03.02.2006 LHM/BRS/05/PLANNING/MCP 03.02.2006 Langstone Homes - House Type Design Portfolio undated 1:50 Bat Roost Provisions 21.12.2005

The following plans supersede the details for Plots 3, 12, 13 and 14 in the Portfolio:

Plot 3 – Plans and Elevations 24.08.2005 Plot 12 – Plans and Elevations 03.02.2006 Plots 13 and 14 – Plans and Elevations 03.02.2006

You are requested to inform the District Council’s Flood Defence Officer (01789 260667) of the start date for the development in order that an inspection can be made of the drainage works installed.

It should be ensured that work (including site clearance work) does not disturb nesting birds. Birds can nest in many places including buildings, trees, shrubs, dense ivy and bramble/rose scrub. Nesting birds are protected under the 1981 Wildlife and Countryside Act. The main nesting season lasts approximately from March to September, so any work to the site should take place outside these dates if at all possible. N.B. birds can nest at any time, and the site should ideally be checked for their presence immediately before work starts.

Condition numbers 4, 5 and 6 require that the estate roads including footways, verges and footpaths are deigned and laid out in accordance with the principles set out in ‘Transport and Roads for Developments: The Warwickshire Guide 2001’ and constructed in accordance with the Highway Authority’s standard specification. The applicant/developer is advised that they should enter into a Highway Works Agreement with the Highway Authority made under Section 38 of the Highways Act 1980 for the adoption of the roads. The approval of plans for the purposes of the planning permission hereby granted does not constitute an approval of the plans under Section 38 of the Highways Act 1980. An application to enter into a Section 38 Highway Works Agreement should be made to the Development Group, Warwickshire County Council, Planning and Transport Department, Shire Hall, Warwick, CV34 4SX.

The Bat Mitigation measures in connection with Condition 19 should include replacement roosts to be in place before demolition of existing roost and a further bat survey during the hibernation season to determine whether bats are using the roof space at 197 Banbury Road over the winter months (as recommended in the bat survey September 2004)

The Environment Protection Plan required by Condition 18 should include:

- an appropriate scale plan showing the “Environment Protection Zones” where any protected species found, such as amphibians or reptiles, can be moved to and where construction activities are restricted and where protective measures will be installed or implemented;

- details of protective measures (both physical measures and sensitive working practices) to avoid impacts during construction;

- a timetable to show phasing of construction activities to avoid periods of the year when sensitive wildlife could be harmed (such as the bird nesting season);

- persons responsible for: Compliance with legal consents relating to nature conservation; Compliance with planning conditions relating to nature conservation; Installation of physical protection measures during construction; Implementation of sensitive working practices during construction; Regular inspection and maintenance of the physical protection measures and monitoring of working practices during construction; Provision of training and information about the importance of “Environment Protection Zones” to all construction personnel on site.

The Reasons for Recommending Granting Planning Permission

The development proposals comply with the policies and proposals of the Warwickshire Structure Plan 1996-2011, the Stratford on Avon District Local Plan and the draft Stratford on Avon District Local Plan Review 1996-2011 (as

proposed to be modified). There are no material considerations that are sufficient to justify overriding these policies.

The decision to grant planning permission has been taken having regard to the policies and proposals as set out in the policy section above.

2. That the Head of Legal Services be authorised to carry out work in relation to recommendation 1 above.

APPLICATION REFERENCE NO. 05/03032/FUL EXECUTIVE SUMMARY

Stratford upon Avon Rugby Football Club, Pearcecroft, Loxley Road, Site Address Stratford-upon-Avon

Demolition of existing clubhouse and proposed construction of new Proposals two-storey clubhouse

Date Received 12 December 2005 Case Officer Jayne Pyper

Presenting Committee Date 2 March 2006 Neil Pearce Officer

Type of Stratford upon Avon Full planning application Applicant Application Rugby Football Club Beese Town Ward Member Organ Stratford-upon-Avon Council Seaman Referral to Planning and Previous No No Regulation Committee Committee

Demolition of existing clubhouse sited on the north western pitch boundary. Description of Construction of a new two-storey clubhouse approximately 56 Proposals metres in length, 13 metres wide and 8 metres high on the south eastern side of the pitch Initial bat survey report submitted 2 Reason for Major development – construction of more than 500m of Referral to APC floorspace Within built up area of Stratford-upon-Avon Planning Site of archaeological interest Constraints Residential properties nearby Policy and principle of development Design of development Impact of the development on neighbouring amenity Key Issues Highways issues and traffic generation Impact on vegetation Archaeological and Ecological value of site

Recommendation GRANT

SUMMARY OF POLICY AND BACKGROUND PAPERS

Development Plan

Policy

Stratford-on-Avon District Local Plan

ENV1 General Principles of Acceptable Development ENV18 Archaeological Investigations REC1 Control of Recreational Development

Other Material Considerations

Central Government Guidance

PPS1 Delivering Sustainable Development PPG16 Archaeology and Planning PPG17 Sport and Recreation PPG24 Planning and Noise

Stratford–on-Avon District Local Plan Review 1996-2011 (as proposed to be modified)

STR.1 Settlement Hierarchy PR.1 Landscape and Settlement Character PR.8 Pollution Control DEV.1 Layout and Design DEV.5 Car Parking DEV.9 Access for people with disabilities EF.11A Archaeological Works

Supplementary Planning Guidance

Stratford-on-Avon District Design Guide Car and Cycle Parking Standard for Stratford-on-Avon District

Human Rights Act 1998

Article 6: Right of a fair trial Article 8: Right to respect for private and family life Article 1 of the First Protocol: Protection of Property

REPRESENTATIONS

Town Council

No representations (20.12.2005)

Third Party Representations

Two letters of support have been received stating that the new clubhouse will be an improvement on the current clubhouse and will enhance the amenities currently available and that the improved parking will ease the problems currently experienced in Loxley Road.

Two other letters have been received raising the following points/objections:

Potential for increased external levels of light and noise due to the use of glazing Would object to any additional lighting Concern whether realigned access would damage mature trees No indication of intentions after demolition of existing clubhouse Overlooking of residential properties on Loxley Road from spectators Plans do not indicate details of landscaping, construction detail finishing, advertising hoardings, public address systems Concern that not enough car parking has been provided Request clarification as to the future use of the pedestrian right of way Request a condition to control the existing floodlighting Improved signage needed Request control on hours of demolition/contractual work Request full method statement of asbestos disposal Archaeological investigation required Request removal of bottle banks Concern of noise nuisance late at night from club

Stratford-upon-Avon Society

‘The Society has examined the proposals and does not wish to make any comment on them’ (13.01.2006)

Applicant’s comments

Stratford-upon-Avon Rugby Club was founded in 1877 and has been sited at the existing ground since the early twentieth century. The club has a Community Amateur Sports Club status and there are no plans for the club to move away from the amateur game. The club competes in the Midlands 3 West South league and PowerGen Intermediate Cup and has approximately 100 registered senior players, an under 19 squad, and a junior and mini group containing at least 350 members.

In the last 10 years, the club has undertaken three major infrastructure improvements; firstly, the renewal of the main pitch floodlights, secondly, the provisions of high-quality training floodlights and thirdly, a pitch irrigation system. The existing clubhouse has significant deficiencies alongside these excellent facilities. The proposed replacement clubhouse will offer modern facilities with suitable disabled access, changing rooms for both sexes, enhanced viewing and seating areas and an improved bar area, which will be more suitable for use for different functions. The clubhouse would also have a contemporary appearance and enable the Club to meet expected present day playing requirements.

CONSULTATIONS

WCC Museum (Archaeology)

The proposed development lies within an area of significant archaeological potential. Archaeological evaluation to the north west of the proposed development site in 1992 recorded a number of Romano-British pits, gullies and post holes. Recommend the addition of a condition that secures the implementation of a programme or archaeological work in accordance with a written scheme of investigation (09.01.2006)

WCC Ecology

No ecological concerns with the development, but recommend the addition of a condition to retain the existing trees on site, and inclusion of 2 notes relating to the protection of bats and prevention of disturbance to nesting birds (16.01.2006)

Environmental Health

Raise no objections in principle but alert the applicants to the implications of Licensing legislation on any future use of the building for Regulated Entertainments and recommend they obtain professional advice on the subject (05.01.2006)

Highway Authority

‘No objection’ (30.12.2005).

Note to SDC – As the increase in the size of the clubhouse is small and it is unlikely to generate any additional traffic movements to and from the site, it is thought that SPG contributions should not be sought for this application.

Forestry and Landscape Officer

Main landscape/tree constraint is the prominent line of mature lime and beech dissecting the two pitches at the site. Informal car parking occurs on the grass underneath the canopies which is not ideal in terms of compaction, but the proposals do not seek to formalise this.

Main issue is the realignment of the access road and construction of new clubhouse. British Standard 5837: Trees in Relation to Construction: 2005 indicates a minimum area which should be left undisturbed is a circle of radius 9 metres. Proposals do not provide enough room for this to be achieved and therefore has the potential for root damage which is important to avoid for the amenity and long terms health consequences. Request minor amendment to move the clubhouse (and therefore pitch) position to the northwest, to enable retention of existing track route.

Recommend addition of conditions relating to protective fencing, access construction condition, tree surgery proposals.

South Warwickshire Access Group

‘This is a major application which indicated that grants at local and national level will be required. SWAG is usually asked to assist with these and are then able to satisfy Lottery Applications regarding consultation. In addition to the planned adapted toilet, in view of the requirements of Disability Sport and Sport England, the showers and changing rooms and their respective toilets should also meet the requirements of all users’ (23.12.2005)

RELEVANT PLANNING HISTORY

Reference Number Proposal Decision and date

04/02706/ADV Erection of one flagpole. Granted 07.10.2004

01/02530/FUL To erect 3 off 12 metre floodlights for Granted training pitch at Pearcecroft on club's 08.01.2002 land. 96/00909/FUL Removal of existing 10 floodlights and Granted replacement with 8 new floodlights. 22.10.1996 80/00624/FUL New roof to the clubhouse Granted 20.08.1980

ASSESSMENT OF THE KEY ISSUES

I consider the key issues to be considered in this case are the principle of the development, the design of the clubhouse, effects on nearby residents (including issues of noise and light intrusion), highway and traffic considerations, impacts on trees, archaeological matters and ecological issues (including protected species).

Policy and principle of development

The existing clubhouse facilities are now dated and unable to meet current needs. The clubhouse for example lacks appropriate disabled facilities or adequate separate facilities for both sexes and fails to meet current access requirements. Policy REC1 of the Stratford on Avon District Local Plan is supportive of proposals to improve current facilities for recreation and leisure and policies of both the adopted and emerging local plan documents encourage access to developments by people with disabilities. The principle of constructing of a replacement clubhouse at a Rugby Club which provides recreation for the local population is therefore considered to be acceptable in policy terms, providing site-specific considerations also prove satisfactory. The proposed siting of the clubhouse would have the additional benefit to the Club of having no adverse impact on the existing pitch or practice pitches, with construction being able to occur alongside the ongoing operation and activity of the Club

Design of development

The proposed clubhouse would be sited at the midpoint on the south eastern boundary of the First XV Rugby Pitch, to the north west of a line of 8 beech and lime trees, directly opposite the existing clubhouse. The site is bounded by allotments and a golf course on its north western and north eastern sides. Residents on Loxley Road would have views onto the site from the rear of their properties. Views of the side elevation of the new clubhouse would be possible from the access drive off Loxley Road, although it would be located approximately 90 metres from the road. To the highest point of the monopitch roof, the building would measure approximately 8 metres. I consider that public views of the new building would be relatively limited and not be detrimental to the character of the area.

The proposed clubhouse would be of brick construction under a coloured profile roof. The front of the building would overlook the pitch and would be characterised by a large amount of glazing and a long balcony at first floor level. The glazing is designed to provide suitable access directly onto the balcony and will enable views of matches to be obtained from this elevated position during periods of match play. I consider the overall design of the building and choice of materials to be acceptable in this location.

Impact of the development on neighbouring amenity

The proposed location of the new clubhouse is no nearer to housing on Loxley Road than the existing clubhouse. Whilst spectator views would be possible along

the entire length of the clubhouse with seating room provided at ground floor level and standing room at first floor level, I consider that this would not give rise to any unacceptable overlooking into residents gardens or the rear of properties along the Loxley Road which are more than 40 metres away. Due to the distance of the development from residential dwellings, the proposed clubhouse would not result in any overbearing, loss of light or privacy to any neighbouring property. The golf course to the north east of the site would be similarly unaffected by the proposed new building.

The clubhouse is utilised for other functions such as musical entertainment, in addition to meeting the needs of players and spectators during rugby matches. It is intended that these additional functions would continue in the new clubhouse and the facilities proposed within the building would be improved for such events. It is acknowledged that there has been a history of noise complaints from nearby residents associated with the use of the existing clubhouse building. Environmental Health controls over such matters do exist, through licensing and/or nuisance legislation, and have been brought to bear to overcome previously identified problems with the current clubhouse.

The applicant has already been advised to obtain professional advice relating to the use of the new venue for Regulated Entertainment and is aware that small design features can reduce external noise levels significantly. This could involve the installation of an air conditioning/handling system that would permit events to be held with the doors and windows closed, the installation of a sound system with a noise limiter or the use of materials chosen for their acoustic properties. In my view there are sufficient controls available though Environmental Health legislation to ensure that local residents are not subjected to unacceptable levels of noise created by the relocation of the clubhouse as noise levels will continue to be controlled under the Clubhouse’s Licence. I do consider it appropriate, however, to add a note to any planning permission granted advising that design features such as those referred to above should be installed to minimise disturbance.

Several letters of concern have been received in relation to the existing floodlighting. It is the case that the existing floodlighting is adequate and no new floodlighting is proposed. Conditions cannot be added to this permission to control the floodlights already in situ.

Highways issues and traffic generation

The proposals to construct a new Clubhouse do not include plans to expand the Club’s playing activities. The number of pitches is fixed and there is insufficient space to expand these further. There is therefore no possibility of the number of matches being played simultaneously increasing. Whilst there is the potential for the number of spectators to increase, a Travel Plan survey undertaken on a Saturday afternoon (the Club’s busiest sporting time) revealed no congestion or other traffic problems in the area and parking spaces were still available within the ground. The Highway Authority have not raised any objection to the development.

The existing parking spaces are on grassed areas, and these are to remain as informal parking areas. The area surrounding the proposed clubhouse will be formally laid out providing 4 coach spaces, 2 disabled spaces, 5 staff spaces and a space for emergency vehicles. The provision of 121 spaces within the site is deemed an adequate provision, particularly since there is no anticipated increase in activities at the site. Access arrangements onto Loxley Road are unaffected by the proposal and visibility at the junction is adequate in both directions. In

addition, there are no anticipated highway safety issues since the prime hours of use avoid peak traffic movement hours and are instead generally on weekday evenings or weekends.

Impact on vegetation

The proposed siting of the clubhouse would necessitate the realignment of the access road, which would run directly behind the proposed clubhouse. The realignment is however only slight, encroaching a maximum of 1.5 metres in some places closer to the line of lime and beech trees than at present. Whilst the ‘British Standard 5837: Trees in relation to Construction: 2005’ requires a minimum radius of 9 metres to be left undisturbed, this could not be achieved without the resiting of existing floodlights and complete realignment of the pitch. It should also be noted that the present location of the track does not accord with British Standard requirements. The access track is not a formally laid out concreted area and I therefore believe that the realignment of this track by, at most, 150cm towards the trees is not unacceptable in this instance, particularly as the ground on the other side of this landscape belt is undeveloped and the materials and means of construction of the track can be controlled by condition.

There is no proposal to formally lay out or surface the parking spaces under this line of trees. Although this parking is not ideal as it does result in soil compaction around the tree roots, it is already in existence. There will therefore be no additional impact on the trees compared with the current situation.

Archaeological and Ecological value of site

The proposed development lies within an area of significant archaeological potential and previous archaeological evaluation to the north west of the proposed development site in 1992 recorded a number of Romano-British pits, gullies and post holes. The clear archaeological potential of the area makes it appropriate for a condition to be added which would require the implementation of a programme of archaeological work, the first element of which would include trial trenching in advance of any development on site.

A bat survey was undertaken and submitted with the application and a single dropping was found on an exterior wall of the existing clubhouse. WCC Ecology do not consider there is clear evidence of a bat roost within the building and do not consider further survey work is necessary. There are therefore no ecological obstacles to development.

RECOMMENDATION

That planning permission be GRANTED subject to the following conditions

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. No part of the development hereby permitted shall be commenced and nor shall any equipment, machinery or materials be brought onto the site until a scheme for the protection of the line of the 8 beech and lime trees indicated on drawing number 0026-05 has been submitted to and

approved in writing by the District Planning Authority and has been put in place. The scheme must include details of the erection of stout protective fencing and be in accordance with British Standard BS5837: 1991, a Guide for Trees in relation to construction. Nothing shall be stored or placed in those areas fenced in accordance with this condition and nor shall the ground levels be altered or any excavation take place without the prior consent in writing of the District Planning Authority. The approved scheme shall be kept in place until all parts of the development have been completed and all equipment, machinery and surplus materials have been removed.

Reason To protect trees and other features on site during construction

3. No part of the development hereby permitted shall be commenced until details of any proposed resurfacing and construction details of the existing access and proposed parking areas, including cross sections, have been submitted to and approved by the District Planning Authority. The works shall then be carried out in accordance with the approved details.

Reason To prevent damage to adjacent mature trees

4. No part of the development hereby permitted shall be commenced until tree surgery proposals for all the existing trees on site has been submitted to and approved by the Local Planning Authority. The approved tree surgery proposals shall be carried out prior to the opening of the new clubhouse.

Reason For reasons of public safety and for the benefit of the long- term health of the trees.

5. No part of the development hereby permitted shall be occupied unless and until the existing clubhouse shown to be demolished on drawing no. 0026- 05 dated 14 October 2005 has been completely demolished and all demolition materials have been removed fro the site.

Reason To ensure that the development is carried out in accordance with the planning permission.

6. Notwithstanding the provisions of Part 4 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification), no buildings, compounds, structures or enclosures which are required temporarily in connection with the development hereby permitted shall be placed or erected on the site or adjacent land until details have been submitted to and approved in writing by the District Planning Authority. Any matters covered by this condition shall thereafter only be sited in accordance with these approved details.

Reason To protect the amenity of residents in the vicinity of the site.

7. No part of the development hereby permitted shall be commenced until samples of all external materials to be used on the external surfaces, walls and roof have been submitted to and approved in writing by the District Planning Authority and thereafter the development shall only be constructed in accordance with these approved details.

Reason To ensure that the appearance of the development is acceptable.

8. No part of the development hereby permitted shall be commenced until a schedule of all types of windows and doors, and materials to be used on the windows and doors of the clubhouse have been submitted to and approved in writing by the District Planning Authority and thereafter the development shall only be constructed in accordance with these details.

Reason To ensure that the development minimises noise disturbance.

9. No part of the development hereby permitted shall be commenced within the site until the applicant or agent or their successors in title have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the District Planning Authority.

Reason To ensure that a proper archaeological evaluation can take place.

10. Notwithstanding the information shown on the submitted plans, further details of the means of new boundary enclosure to the north western site boundary following the demolition of the existing clubhouse building shall be submitted to and approved, in writing, by the District Planning Authority. The new boundary enclosure shall thereafter be erected wholly in accordance with these approved details.

Reason In the interests of visual amenity.

Notes

1. The applicant is advised that to ensure no bats are endangered during destructive works, the roofs should be removed carefully by hand. Should any bats be detected during this operation, all work on the building should cease and English Nature contacted for advice. Bats and their roost sites are protected under the 1981 Wildlife and Countryside Act and the Countryside and Rights of Way Act 2000, and are also deemed a European Protected Species.

2. It should be ensured that work (including site clearance work) does not disturb nesting birds. Birds can nest in many places including buildings, hedgerows, trees and open grassland. Nesting birds are protected under the 1981 Wildlife and Countryside Act. The main nesting season lasts approximately from March to September, so any work should take place outside these dates if at all possible. N.B. birds can nest at any time and the site should ideally be checked for their presence immediately before work starts.

3. The applicant is advised to obtain professional advice on the use of the building for Regulated Entertainments and to ensure design features accord with the implications of their licensing legislation

4. The applicant is advised that the South Warwickshire Access Group consider that in view of the requirements of Disability Sport and Sport England, the

showers and changing rooms and their respective toilets should meet the requirements of all users.

The Reason for recommending Granting of Planning Permission

The decision to grant planning permission has been taken having regard to the policies and proposals as set out in the policy section above.

APPLICATION REFERENCE NO. 06/00053/FUL EXECUTIVE SUMMARY

Site Address Land rear of 25A Grange Road, Bidford-on-Avon

Erection of 2 detached and 4 semi-detached dwellings and Proposals associated works

Date Received 10 January 2006 Case Officer Neil Hempstead

Presenting Committee Date 2 March 2006 John Clarke Officer

Full planning Croft Barns Development Type of Application Applicant application Ltd

James Parish Ward Member(s) Pemberton Bidford-on-Avon Council Slaughter

Referral to Planning and Only if objection Previous No Regulation raised in principle Committee Committee

Erection of a linear style development comprising 2 detached two-storey houses and 4 semi-detached two-storey houses. Provision of carport, garaging and parking areas. Description of Development site comprises 0.171ha of former rear garden of Proposals 25A Grange Road Supporting Statement and Archaeological Survey submitted as part of application Reason for Referral Scale of development to APC Planning Within the built up area boundary of Bidford On Avon Constraints Site is classified as brownfield land The principle of the development Density Impact on the character of the area and the street scene Key Issues Impact on the neighbouring properties Highway issues Drainage Off-site open space provision

Recommendation GRANT, subject to legal agreement

SUMMARY OF POLICY AND BACKGROUND PAPERS

POLICY

The Development Plan

Warwickshire Structure Plan 1996 - 2011

GD.1 Overriding purpose GD.3 Overall Development Strategy ER.1 Natural and Cultural Environmental Assets T10 Developer Contributions

Stratford-on-Avon District Local Plan

ENV1 General Principles of Acceptable Development T19 Highway Standards IMP.1 Supporting Information

Other Material Considerations

Central Government Guidance

PPS 1 Delivering Sustainable Development PPG3 Housing PPG13 Transport

Stratford–on-Avon District Local Plan Review 1996-2011 (as proposed to be modified)

STR.1 Settlement Hierarchy STR.2 New Housing Provision STR.2B Density STR.4 Previously Developed Land PR.1 Landscape and Settlement Character PR.7 Flood defence EF.10 Trees, Woodland and Hedgerows DEV.1 Layout and Design DEV.2 Landscaping DEV.3 Amenity Space DEV.4 Access DEV.5 Car Parking DEV.10 Crime Prevention COM.14 Mix of Dwelling Types IMP.5 Infrastructure Provision

Supplementary Planning Guidance

Stratford-on-Avon District Design Guide Provision of Open Space Car and Cycle Parking Standards for Stratford-on-Avon District

Human Rights Act 1998

Article 6: Right of a fair trial Article 8: Right to respect for private and family life Article 1 of the First Protocol: Protection of Property

REPRESENTATIONS

Parish Council

The Council would like to express its concern regarding the increase in traffic in this small road, specially taking into account its proximity to Icknield Court. (13.02.2006)

Third Party Representations

1 letter received raising objection on the following ground:

Location of the carport close to the boundary of 30 Icknield Court.

Applicant's Comments

The applicant has submitted a supporting statement as part of the application. The significant elements of this statement are as follows:

Grange Road and Icknield Close are located within the settlement boundary of Bidford-on-Avon, as defined by the adopted and emerging local plan. The dwelling and garden associated with 25A Grange Road is classified as previously developed land and therefore additional residential development on this plot is acceptable as a matter of principle; Development of 6 dwellings equates to a net density of 35 dwellings per hectare which strikes an appropriate balance between sustainability aims and settlement pattern. The proposed means of access is from Icknield Close where volume of traffic is very low and speeds are probably no more than 5mph.The proposed visibility splay is a 2.4m x 33m the prescribed minimum distance of a 20mph road in both dimensions according to the Warwickshire Guide 2001. Parking is provided at a ratio of 2 spaces per unit . The town centre is within easy walking distance and hence the proposed level of parking and proximity to the town centre should allay any concerns that future residents will park on the road. The proposed layout appropriately reflects the grain of the site and local settlement pattern, with primary importance given to the road frontage. The two key existing streetscene views are heading southwards on Icknield Close and heading westwards out of Icknield Court. The proposed dwellings and garages successfully integrate with these vistas. The proposed streetscene view is far more interesting, vibrant and welcoming than the existing close-boarded fence enclosing the rear garden of 25a Grange Road. The dwelling type for each unit is essentially a variation of a theme – a traditional cottage vernacular similar to the historic dwellings located in the Conservation Area. The proposed dwellings are orientated so that there is no overlooking of neighbour properties from first floor windows. The length of all the back gardens are approximately 14m. These gardens are sufficient for the amenity needs of future residents and are suited to the scale of the dwellings.

In addition, an Archaeological survey report has also been produced. This indicates the presence of a number of archaeological remains within 5 trial trenches that were excavated within the site.

CONSULTATIONS

Highway Authority

No objections (09.02.2006)

WCC Fire Officer

No objection subject to the imposition of conditions (06.02.2006)

WCC Museum (Ecology)

No objections subject to the imposition of condition and note (14.02.2006)

WCC Museum (Archaeology)

No objection subject to condition requiring programme of archaeological work to be undertaken (26.01.2006)

Forestry and Landscape Officer

No objection subject to attachment of soft/hard landscape condition, means of enclosure (14.02.2006)

RELEVANT PLANNING HISTORY

Reference Number Proposal Decision and date

05/02354/FUL Erection of six detached dwellings Withdrawn 12.10.05

ASSESSMENT OF THE KEY ISSUES

Principle of Development

This application is a resubmission of an earlier application (reference 05/02354/FUL), which was withdrawn on 12 October 2005. The number of houses remains the same though the layout of the houses has been revised and the parking layout amended. This application has been accompanied by an archaeological evaluation, which was not included in the previously submitted planning application.

The principle of residential development on this site is considered to be acceptable. It accords with Stratford-on-Avon District Local Plan Review 1996- 2011 policies which support the redevelopment of previously developed, or ‘brownfield’ sites within Main Rural Centres such as Bidford for residential purposes.

Density

Policy STR2B of the Local Plan Review seeks to ensure that residential development makes more efficient use of land. Government PPG3 Guidance, as reflected in the draft Local Plan policy, seeks to achieve an average net density between 30 and 50 dwellings per hectare. The site area measures approximately 0.171ha. The construction of six dwellings would result in a density of approximately 35 units per hectare which is in line with PPG3 recommendations on density.

Impact on the Character and Appearance of the Area and the street scene

Icknield Close is characterised by modern detached dwellings with integral garages built on relatively straight building lines and set a few metres back from the road. The southern end of Icknield Close, directly opposite the application site, leads into Icknield Court which is a self contained community of housing for the elderly consisting of bungalows arranged around a central courtyard. To the south of the site lies Grange Road which is characterised in part by large detached properties set in large plots of land. The application site was previously the garden to one of these properties at 25a Grange Road. At present the site is accessed via a narrow lane off Grange Road and via a gate in the fence fronting onto Icknield Close.

In view of the fact that access to the site will be off Icknield Close I consider that the proposal will read as part of the more recent development that has taken place to the north and east of the application site rather than the development that has taken place immediately to the south and west of the site that is located within a Conservation Area.

In the context of the street scene the proposed new dwellings will be primarily viewed heading southwards on Icknield Close and heading westwards out of Icknield Court. At present the views of the site are obscured by a close boarded wooden fence which is considered to add little to the amenity of the area.

The proposed building line will be linear and run parallel to Icknield Close. Integral garages will be recessed behind the main building line of houses 3,4,5 and 6. The car ports serving houses 1 and 2 will be located to the western end of the site. I consider that the layout reflects and the local development pattern with primary importance given to the road frontage.

In addition to this I consider that the removal of the close boarded fence and the introduction of landscaping to the front of the houses where the accesses will be clearly visible will improve the street scene when viewed from Icknield Close and Icknield Court.

In light of the above I do not consider that the proposal would unacceptably harm the character of appearance of the area, bearing in mind Government guidance regarding the need to use such brownfield sites for development in order to reduce pressure on greenfield land. In addition to this I do not consider that the proposal will have a detrimental impact on the adjoining Conservation Area.

Impact on Neighbouring Properties

The development will impact upon residential properties in Icknield Close, Icknield Court, Bryan Mews and Grange Road.

8 and 10 Icknield Close lies immediately to the north of the site. These properties will be located approximately 18m from the main gable end of house number 6 and approximately 16 m from the gable end of the integral garage which is approximately 2.2 m lower in height than the main house. Given this separation distance and given that fact that there is only one window in the gable end of the main house at ground floor level (serving a downstairs toilet) I consider that there would be no harm to these neighbours through loss of privacy, overlooking or an overbearing impact.

The proposal seeks the removal of a number of mature conifers that currently exist on the northern boundary of the site. To this effect the rear gardens of 8

and 10 Icknield Close are already partially cast in shadow from the existing boundary treatment. I do not consider that the erection of house 6 close to the existing boundary will have a detrimental impact in terms of casting shadow over the rear gardens of 8 and 10 Icknield Close.

Numbers 28-33 Icknield Court lie to the east and south east of the site. The carport associated with plots 1 and 2 is approximately 4m in height and located approximately 1m from the rear boundary fence of 31 Icknield Court and approximately 11.5m from the rear elevation. The roof of the carports has a hipped end facing 31 Icknield Close thereby enabling the roof to slope away from the boundary. Given the height and design of the carport and given the separation distance of 11.5m I consider that no harm to amenity levels within 31 Icknield Court would result from the construction of this building.

In addition to this proposed houses 1, 2 and 3 will be located approximately 23m from 31, 32 and 33 Icknield Close and given this separation distance it is not considered that any harm would result through loss of privacy, overlooking or any overbearing impact.

With regards to properties in Bryan Mews to the west the most likely to be affected is the apartment building at 8-14. The separation distance between the rear of proposed houses 4, 5 and 6 and 8-14 Bryan Mews is between 15m and 20m. I consider this separation distance, together with the fact that an existing mature conifer hedge to the rear of proposed houses 4, 5 and 6 is to be retained, is sufficient to prevent the new houses having an overbearing effect on Bryan Mews and to ensure that mutual overlooking and loss of privacy across the boundary does not occur.

The gable end of house 1 and the associated carport will adjoin the rear garden areas of 25a and b Grange Road. The only window in the gable end will be at ground floor level serving a dining room and I therefore consider that no loss of privacy or overlooking will occur. 19 Grange Road is located to the south west of the site. A separation distance of approximately 18m will exist between the rear elevation of house 1 and the rear elevation of 19 Grange Road and I consider that this is sufficient to protect the amenity of the neighbouring property.

Highway Issues

The site lies within the built up area boundary of Bidford-on-Avon and is considered to be in a sustainable location where there is access to a choice of means of transport and local services and facilities. The proposed development would result in the creation of a further 6 medium sized residential properties (each with 3 bedrooms). I do not consider that this would create a significant amount of additional traffic that would result in a saturation of the existing highway network. In addition to this, given the low volume of traffic on this stretch of Icknield Close, I do not consider that the proposal will have a detrimental impact on highway safety.

The proposal seeks to provide 14 car parking spaces. Houses 3, 4, 5 and 6 will have a garage and additional parking in front, offering a ratio of 2 car parking spaces per dwelling. Houses 1 and 2 have a greater level of parking, each being served by a double carport with parking in front offering 3 car parking spaces per dwelling. In addition to this the town centre is within easy walking distance and a pavement on the opposite side of the street is suitable for pedestrian access to the site. In light of this I consider that sufficient parking will be provided on site. In addition to this I consider that the proposed new access would provide

satisfactory servicing arrangements for the development, to which the Highway Authority have no objections.

Drainage

The Council requires the incorporation of a sustainable drainage solution where primary consideration will be given to source control techniques with any run-off limited to no more than occur naturally. No increase in surface water run-off will be allowed. Conditions will secure an adequate drainage strategy for the proposed development.

Archaeology

The proposed development lies within an area of significant archaeological potential, within an area of known Roman settlement. Archaeological fieldwork immediately to the west of the site in 1991 recorded evidence for extensive Romano-British settlement and the excavation of trial trenches within the site confirmed the presence of archaeological remains. There is therefore significant potential for the proposed development to impact upon archaeological features. A condition will secure a further archaeological evaluation of the site.

Open Space Provision

There is no provision for active adult use or equipped play space and it would be unreasonable to expect this to be provided on-site with such a small scale scheme. Therefore in accordance with the adopted Supplementary Planning Guidance on the Provision of Open Space, the applicant will be required to make a financial contribution of about £12,960 towards off-site provision of open space for active youth and adult use and equipped children’s play space.

RECOMMENDATION

1. That subject to the completion of a legal agreement(s) securing an appropriate contribution (about £12,960) to off-site open space provision,

to the satisfaction of the Area Planning Officer, the Area Planning Officer be authorised to issue the formal notice of decision GRANTING planning permission subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason To comply with Section 91 of the Town and Country Planning Act 1990.

2. No part of the development hereby permitted shall be commenced until detailed plans and sections showing existing and proposed site levels and finished floor levels existing and proposed site levels have been submitted to and approved in writing by the District Planning Authority and the development thereafter shall only be carried out as approved.

Reason To ensure that the development is properly integrated with the surroundings.

3. No part of development hereby permitted shall be commenced until a scheme for all drainage works has been submitted to and approved in

writing by the District Planning Authority and no part of the development shall be occupied until the approved works have been carried out.

Reason To ensure that adequate drainage is provided in the interests of public health and amenity.

4. No part of the development hereby permitted shall be commenced until samples of all external materials to be used on the external surfaces have been submitted to and approved in writing by the District Planning Authority and thereafter the development shall only be constructed in accordance with these approved details.

Reason To ensure that the appearance of the development is acceptable.

5. No part of the development hereby permitted shall be commenced until full details of hard landscape works have been submitted to and approved in writing by the District Planning Authority. The details must include existing and proposed finished levels or contours; the position, design and materials of all site enclosures, car parking layout and other vehicular and pedestrian areas; hard surfacing materials, minor artefacts and structures (e.g. street furniture, play equipment, refuse areas, lighting etc;) and any retained historic features and proposals for restoration.

The works approved as part of this condition shall be completed before the first occupation of any part of the development.

Reason To ensure a high standard of landscape within the development.

6. No part of the development hereby permitted shall be commenced until full details of soft landscaping works have been submitted to and approved in writing by the District Planning Authority. These details must include, where appropriate, planting plans, written specifications, a schedule of plants including species, plant sizes and proposed numbers/densities and a programme of implementation. Plans must also include accurate plotting of all existing landscape features.

The works approved as part of this condition shall be completed within the first planting season following the first occupation of any part of the development.

Reason To ensure that a high standard of landscape associated with the development is achieved.

7. Any trees or shrubs planted in pursuance of this permission including any planting in replacement for it which is removed, uprooted, severely damaged, destroyed or dies within a period of five years from the date of planting shall be replaced by trees or shrubs of the same size and species and in the same place unless otherwise agreed in writing by the District Planning Authority.

Reason To ensure that the approved landscaping is properly maintained.

8. No part of the development hereby permitted shall be occupied until the means of vehicular access has been constructed in accordance with the

details shown on approved plan 924/1A submitted to the District Planning Authority on 9 January 2006

Reason To ensure safe access into and out of the site.

Reason To ensure that a proper archaeological evaluation can take place.

Notes to Applicant

(i) The applicant’s attention is drawn to Sections 60 and 61 of the Control of Pollution Act, 1974 which provides control over construction site noise. The following requirements must be complied with in connection with the carrying out of works upon the development site:

All works and ancillary operations which are audible at the site boundary, or at such other places as may be agreed with the Council, shall be carried out only between the hours of 08:00 and 18:00 on Mondays to Fridays, and between the hours of 08:00 and 14:00 on Saturdays and at no time on Sundays and Bank Holidays. The best practicable means, as defined in Section 72 of the Control of Pollution Act 1974, to reduce noise to a minimum shall be employed at all times. All plant and machinery in use shall be properly silenced and maintained in accordance with the manufacturer’s instructions. Any emergency deviation from these conditions shall be notified to the Head of Environmental Health and Housing without delay.

Contravention of the Act without reasonable excuse will constitute an offence and may lead to a fine of up to £5,000 for a first offence with further financial penalties for a second or subsequent offence. For further information on these controls please contact the Council’s Environmental Protection Team on 01789 260820.

(ii) Barn Owls, bats, bat roosts and nesting birds are protected under the 1981 Wildlife and Countryside Act and badgers are protected under the 1992 Badgers Act. If signs of Barn Owls, bats or badgers are found, work should stop whilst English Nature is consulted. In addition, if nesting birds are present, work which might affect them should not be carried out during the nesting season (approximately March – September).

(iii) Unauthorised signs are not permitted within the limits of any public highway. To secure the provision of signs giving directions to a new housing development a developer must apply in writing to the Department of Planning, Transport and Economic Strategy, Warwickshire County Council, P.O. Box 43, Shire Hall, Warwick. CV34 4SX. (A suitable plan will be required showing the location of the site in relation to the local highway network. If authorisation is given signs will be provided and subsequently removed by the Highway Authority for which there will be a charge. A period of 13 weeks notice is required.)

The Reason for Recommending Granting Planning Permission

The development proposals comply with the policies and proposals of the Warwickshire Structure Plan 1996-2011 the Stratford on Avon District Local Plan and the Stratford on Avon District Local Plan Review 1996-2011 (as proposed to be modified). There are no material considerations that are sufficient to justify overriding these policies.

The decision to grant planning permission has been taken having regard to the following policies and proposals as set out in the policy section above.

2. That the Head of Legal Services be authorised to carry out work in relation to part 1. of this recommendation.

APPLICATION REFERENCE NO. 05/03721/OUT EXECUTIVE SUMMARY

Site Address Land to the rear of 67 Evesham Road, Stratford-upon-Avon

Proposals Construction of one dwelling and a garage

Date Received 14 December 2005 Case Officer Neil Hempstead

Presenting Committee Date 2 March 2006 Neil Pearce Officer

Outline planning Type of Application Applicant Mr. Sketchley application Perry Town Ward Member(s) Cockings Stratford-upon-Avon Council Thomas Referral to Planning and Only if objection Previous No Regulation raised in principle Committee Committee

Outline application The application only seeks to ascertain whether the principle of Description of a house and garage on the site is acceptable and does not seek Proposals to approve details pertaining to the design, siting, external appearance, access arrangements and landscaping. Reason for Referral Objection from Stratford Town Council and Councillor Perry to APC Planning Brownfield land Constraints Within the built up area boundary of Stratford-upon-Avon Principle of the proposed development Impact upon the character and appearance of the area Key Issues Impact upon neighbouring properties Highway and parking issues

Recommendation GRANT

SUMMARY OF POLICY AND BACKGROUND PAPERS

POLICY

The Development Plan

Warwickshire Structure Plan 1996 - 2011

GD.1 Overriding Purpose GD.3 Overall Development Strategy GD.5 Development Location Priorities H.5 Housing Provision

Stratford-on-Avon District Local Plan

ENV1 General Principles of Acceptable Development H13 Backland Development T19 Highway Standards

Other Material Considerations

Central Government Guidance

PPS 1 Delivering Sustainable Development PPG3 Housing PPG13 Transport

Stratford–on-Avon District Local Plan Review 1996-2011 (as proposed to be modified)

DEV.1 Layout and Design DEV.4 Access DEV.5 Car Parking PR.1 Landscape and Settlement Character STR.1 Settlement Hierarchy STR.4 Previously Developed Land SUA.2 Town Character

Supplementary Planning Guidance

Stratford-on-Avon District Design Guide Stratford-upon-Avon Town Design Statement Car and Cycle Parking Standards for Stratford-on-Avon District

Human Rights Act 1998

Article 6: Right of a fair trial Article 8: Right to respect for private and family life Article 1 of the First Protocol: Protection of Property

REPRESENTATIONS

Town Council

Object to back land development and infill site. Contrary to policies H6 and STR4. (10.01.2006)

Ward Member

Councillor Perry

This seems to be over ambitious more backland development. We turned down a similar application at number 71 Evesham Road. I hope we can stay consistent on this. (11.01.2006)

Third Party Representations

2 Letters of objection received on the following grounds:

The land is extremely narrow and further development will present even more of a hotch potch of houses crammed in small spaces which is ruining the look of the outskirts of Stratford. All the traffic for the proposed house will go in front of 1 Aintree Road rather than in from the Evesham Road over the owners land. The conifer trees to the rear of 67 Evesham Road should be removed as their root growth could have a detrimental impact on existing property at 3 Evesham Road.

CONSULTATIONS

WCC Museum (Ecology)

No objection subject to the imposition of conditions and notes if appropriate (09.01.2006)

RELEVANT PLANNING HISTORY

No planning history affecting the application site.

RELEVANT PLANNING HISTORY OF ADJOINING SITES

Address/Reference Proposal Decision and Number Date

71 Evesham Road Construction of proposed Refused 04/02640/FUL new dwelling to the rear 13.10.2004 of 71 Evesham Road.

68 Evesham Road Construction of two Refused 04/01638/FUL dwellings 22.07.2004

68 Evesham Road Erection of two storey Granted 03/00203/FUL dwelling 11.03.2003

63-66 Evesham Road Demolition of 63 and 66 Granted 03/00554/FUL Evesham Road and 20.11.2003 erection of nine dwellings and creation of new access.

63-66 Evesham Road Demolition of No. 63 and Refused 02/03050/FUL 66 Evesham Road and 28.11.2002 erection of 6 No. 3 bed Appeal mews houses, with 2 No. dismissed 5 bed and 1 No. 3 bed 17.06.2003 detached houses.

ASSESSMENT OF THE KEY ISSUES

Principle of Development

The site constitutes brownfield land within the Built Up Area Boundary of Stratford where policies support the principle of new residential development subject to site-specific considerations proving acceptable.

The site does not front directly onto a highway and is therefore technically regarded as a backland plot. Backland development is considered under policy H.13 of the Stratford-on-Avon District Local Plan. This states that backland development will only be permitted where it would not be detrimental to the character, traditional settlement pattern, or the amenity of the location. Policy DEV.1 of the draft Stratford-on-Avon District Local Plan Review (as proposed to be modified) also requires proposals to contribute to the character and quality of the local area through the layout and design of new buildings. The fact that a site is defined as a backland plot does not mean that the development is automatically harmful or that the principle of development is unacceptable.

The likely impact of the proposed development on the character and appearance of the area and on the amenity of neighbouring residents are discussed in the following sections of this report. Subject to favourable conclusions on these issues I consider the principle of the proposed development to be acceptable.

Impact upon the character and appearance of the area

Evesham Road is largely characterised by detached and semi-detached properties with substantial rear gardens. The housing estate to the south of the application site and the recently constructed cul de sac known as Colbeck Close comprise modern detached and terraced properties with smaller rear gardens than those on the Evesham Road. In addition, a single detached property is currently under construction in the rear garden of 68 Evesham Road with the result that the original site has now been split into two much smaller plots.

The application site is similar in size to that accommodating both the adjoining dwelling at 1 Aintree Road and the dwelling under construction to the rear of 68 Evesham Road. The houses in the newly constructed Colbeck Close development are on slightly smaller plots. Having regard to the size of surrounding plots, it is clear that the application site is sufficiently large to accommodate a dwelling and associated amenity space that will be comparable in size to adjoining developments.

In light of this I consider that a dwelling and garage could be accommodated on the site whilst preserving the character and appearance of the area.

Impact upon neighbouring properties

The nearest affected properties are 1 Aintree Road located to the south and west of the site and 6 Colbeck Close located to the east. 1 Aintree Road fronts on to

the proposed access to the application site with side elevations to both Aintree Road and to the site boundary. The side elevation of 1 Aintree Road adjoining the application site does not contain any windows. The side elevation of 6 Colbeck Close also adjoins the site boundary and has a window at first floor level. This is obscured glazed and serves a bathroom. There are consequently no windows to habitable rooms within adjoining properties that would be affected by the construction of a new dwelling built between these two neighbouring properties.

A dwelling built between 1 Aintree Road and 6 Colbeck Close is likely to have windows facing north and south. I also consider that sufficient distance separation can be achieved between the existing dwellings to the north and south of the site to ensure that there will not be any loss of amenity to these properties.

I therefore consider that a dwelling and garage could be accommodated on site without having a detrimental impact on the amenity of the occupiers of the adjoining residential premises in terms of loss of daylight, sunlight, overlooking or being overbearing.

Highway and Parking Issues

Details of the access to the proposed dwelling and garage have not been formally submitted as part of the application. In order to fully assess whether a dwelling and garage can be accommodated on the proposed site the possible means of access to the site nevertheless needs to be assessed.

The indicative layout plan submitted with the application shows the widening and elongation of the access which already serves the dwelling being constructed to the rear of 68 Evesham Road. The existing access would effectively become a shared access between the two properties.

There would still be enough space to the front of the dwelling currently under construction to park 2 cars, utilise the garage and to turn a vehicle so as to be able to enter and leave the site in a forward gear.

In addition to this I consider that there is enough space on the proposed site to provide sufficient parking for 2 cars with a sufficient turning area to enable cars to enter and leave the site in a forward gear.

I also consider that the provision of an additional dwelling will not to be detrimental to highway safety given that only a minimal amount of additional traffic movement that will be generated by the proposal.

RECOMMENDATION

That planning permission be GRANTED subject to the following conditions:

1. No part of the development hereby permitted shall be commenced until approval of the details of the siting, design and external appearance of the building[s], the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") has been obtained from the District Planning Authority in writing.

Reason To comply with Section 91 of the Town and Country Planning Act 1990.

2. Plans and particulars of the reserved matters referred to above, relating to the siting, design and external appearance of any buildings to be erected,

the means of access to the site and the landscaping of the site, shall be submitted in writing to the District Planning Authority and shall be carried out as approved.

Reason To comply with Section 91 of the Town and Country Planning Act 1990.

3. Application for approval of the reserved matters shall be made to the District Planning Authority before the expiration of three years from the date of this permission.

Reason To comply with Section 91 of the Town and Country Planning Act 1990.

4. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

Reason To comply with Section 92 of the Town and Country Planning Act 1990. The District Planning Authority does not consider that there are overriding reasons to set a different duration for the permission.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification) no development covered by Classes A and B of Part 1 of Schedule 2 to that Order shall be carried out without planning permission granted by the District Planning Authority.

Reason To prevent harm being caused to the amenity of the area.

The Reason for recommending Granting Planning Permission

The development proposals comply with the policies and proposals of the Warwickshire Structure Plan 1996-2011 the Stratford on Avon District Local Plan and the Stratford on Avon Local Plan Review1996-2011 (as Proposed to be Modified). There are no material considerations that are sufficient to justify overriding these policies.

The decision to grant planning permission has been taken having regard to the policies and proposals as set out in the Policy section above.

APPLICATION REFERENCE NO. 05/03600/FUL EXECUTIVE SUMMARY

Site Address The Thatch, 24 Shottery, Cottage Lane, Shottery

Change of use from restaurant to children’s nursery. Single storey Proposals rear extensions, minor alterations to fenestration and formation of path to lower ground entrance at rear, including retaining walls.

Date Received 2 December 2005 Case Officer Liz Drake

Presenting Committee Date 2 March 2006 John Clarke Officer Full application for The Royal Shakespeare Type of Application change of use and Applicant Company new building works Cockings Town Ward Member(s) Perry Stratford upon Avon Council Thomas Referral to Planning and Previous No No Regulation Committee Committee

Change of use of existing building to children’s nursery from restaurant. Fencing off part of open land adjacent to 24 Shottery to create outdoor play area. Formation of rear pathway and access to the rear of the building Description of Creation of raised decking area to rear and side of building Proposals Retention of four car parking spaces to front of site for staff car parking. Creation of parking bays in the existing coach car park for Anne Hathaways Cottage, to serve as parking and drop off area for parents attending the nursery. Reason for Referral Objection from Councillor Perry to APC Planning Conservation Area Constraints Adjacent residential neighbours Impact on the neighbouring occupiers at 24a Cottage Lane Key Issues Highway safety and parking Impact on the Conservation Area

Recommendation GRANT

SUMMARY OF POLICY AND BACKGROUND PAPERS

POLICY

The Development Plan

Warwickshire Structure Plan 1996 - 2011

ER.1 Natural and Cultural Environmental Assets

Stratford-on-Avon District Local Plan

ENV1 General Principles of Acceptable Development ENV9 Trees ENV26 Development and Enhancement in Conservation Areas EMP9 Development Control Criteria for Industrial and Commercial Development

Other Material Considerations

Central Government Guidance

PPS1 Delivering Sustainable Development PPG13 Transport PPG15 Planning and the Historic Environment

Stratford–on-Avon District Local Plan Review 1996-2011 (as Proposed to be Modified)

PR.1 Landscape and Settlement Character EF.10 Trees, Woodland and Hedgerows EF.13 Conservation Areas DEV.1 Layout and Design DEV.2 Landscaping DEV.4 Access DEV.5 Car Parking DEV.9 Access for People with Disabilities COM.3 Local Shops and Services COM.9 Walking and Cycling SUA.2 Town Character

Supplementary Planning Guidance

Shottery Conservation Area Document Stratford on Avon District Design Guide Stratford Town Design Statement

Human Rights Act 1998

Article 6 : Right of a fair trial Article 8 : Right to respect for private and family life Article 1 of the First Protocol : Protection of Property

REPRESENTATIONS

Town Council

No representations.

Ward Members

Councillor Perry

Objection, I think this nursery would provide a major hazard for safety with the extra cars being used in the vicinity of Ann Hathaway’s Cottage, which is already a busy area. (19.12.2005)

Third Party Representations

One letter of objection from the neighbour at 24a Cottage Lane has been received raising the following points:-

Smells and noise from kitchen and boiler Noise disturbance from Play Area 2 and building Access to passageway needed Proposed path adjacent to property is harmful Agreement to use coach park for parking may not be legally binding Insufficient parking provision Highway safety dangers of conflicting vehicular movements Additional traffic movements are harmful Likely highway dangers of parking/stopping on Cottage Lane

A letter from Solicitors representing the neighbours at no.24 has been received regarding ownership of the passageway at the premises.

A letter of support for the proposals has been received from the Shakespeare Birthplace Trust, the owners of the site. The letter confirms that the Trust will agree to a clause in the lease of the land to RSC to allow parking on the overspill coach park for as long as the lease is in place. The Trust have also confirmed to RSC that there is no known flying freehold of the passageway as claimed by no. 24a.

Applicant's Comments

In a supporting letter the applicant comments as follows:-

The proposal is for the re-siting of an existing nursery operated by the Royal Shakespeare Company on Waterside for over 30 years, which has been displaced by temporary arrangements forming part of the main Waterside redevelopment scheme and is currently residing in temporary buildings nearby.

Previous application was refused because of concerns about vehicles being parked in Cottage Lane or in Anne Hathaway’s Cottage car park, making it necessary for users of the nursery to walk though the car and coach park to gain access and also concern over noise of children playing in the rear garden, causing harm to the neighbours’ amenity. The previous application did not include any detail of the way in which the building would be converted or precise detail about access. This application does.

Amended plans have been submitted regarding the dropping off arrangements for the parents, which have been formed in consultation with Warwickshire Education Authority. This results in a protected pathway between the vehicles and the kerb separated from vehicles by a row of bollards and clearly marked walkways between the parking spaces, enabling parents and children to disembark from vehicles and walk safely to the protected pathway without walking south into the overspill coach park.

A Travel Plan has also been submitted which documents the pattern of arrival and departure, which means that large numbers of people do not arrive or leave on site together. The Method Statement and a letter to parents demonstrate that dropping off and collection arrangements will be well controlled with a safe, secure pedestrian access from the rear coach park drop off point to the main entrance at the rear of the building. This rear car park is only used by the Birthplace Trust as overspill when they are very busy in July and August. By a happy coincidence, this is a time when the nursery is attended by very few children and, in any event, the drop-off point will be clearly marked and kept available for its purpose. An acoustic screen will be erected in according to Environmental Health Officer’s requirements to minimise any noise disturbance at the entrance. Arrivals will occur, at worst, only a few times during the working day and never at weekends.

The site area has been extended by agreement with the Shakespeare Birthplace Trust and play activities will be confined to the decked area south- east of the building or amongst the trees further to the south and then, only in small numbers under close supervision. This should not, therefore, adversely affect the neighbour’s amenities at 24a, Cottage Lane. The tree garden which contains a maze is approximately 30m away from the rear wall and abutting No.24’s rear garden and is frequented by the public, including coach loads of visiting students. This existing facility is likely to create far more noise than the applicant’s activities.

The boundaries of the site will be securely fenced and the path to the main rear entrance illuminated by low level bollard lights. A bicycle rack will be provided for those who cycle to the site. We believe that this scheme provides a safe and practical solution and disabled access.

CONSULTATIONS

Highway Authority

No objection raised to the proposal. No conditions required. (19.12.2005).

Head of Environmental Health

As far as the principle of the change of use is concerned, he raises no objection. However because of the potential conflict between the nursery and the adjacent residential use, he recommends that a condition be imposed requiring that any play periods outdoors be supervised by a responsible adult at all times. (19.01.2006)

RELEVANT PLANNING HISTORY

Reference Number Proposal Decision and date

05/01066/FUL Temporary change of use from Refused restaurant to children’s nursery 10.06.2005

04/01301/FUL Temporary change of use from Granted restaurant to office 17.06.2004 95/00056/DEM & Demolition of existing toilets and Granted 95/01338/FUL rebuilding of new toilets in the same 09.02.1996 position 92/00852/FUL Widening of two accesses, Granted construction of bus lay-by and new 01.03.1993 pathway to Thatch Restaurant and associated external works 79/00228/FUL First floor extension to provide toilet Granted facilities to existing restaurant 25.06.1979

ASSESSMENT OF THE KEY ISSUES

Impact on amenities of neighbouring occupies at 24a Cottage Lane

In assessing the impacts of the development on the occupants of the neighbouring property, 24a Cottage Lane, it is important to acknowledge the existing use of the building. It is also necessary to identify the potential areas of noise disturbance that could be caused by the nursery use.

The application site has a lawful use as a restaurant. It would be possible for the premises to be open both in the evening and at weekends as well as during the day with the potential for noise and smells to affect the neighbouring property. Opening times for the Children’s nursery could be conditioned so that they could only operate within set opening times – these being 08:00 – 18:00 Monday to Friday only. This needs to be borne in mind when comparing the specific impacts of the existing and proposed use.

In assessing the potential for noise disturbance to the occupants of the neighbouring property, the two areas of potential disturbance are considered to be noise emanating from inside the building; through the party wall and windows to the neighbouring property, and noise disturbance caused by children using the outside space as a play area.

The previous application (ref.no: 05/01066/FUL) was partly refused due to the potential noise disturbance caused by children playing in the rear garden of the site adversely affecting the neighbouring property.

Amendments to the application site have now been made which increases the size of the outdoor play area by approximately two thirds from the previously refused application. The scheme now proposes that the area immediately adjacent to the garden boundary with no.24A Cottage Lane is instead used as the entrance and pathway to the rear of the nursery. This area will not be able to be used as a play area and children will not be allowed to play there. The increase in the size of the play area by approximately two-thirds results in the children being dispersed over a much larger area, thus reducing the potential for unacceptable noise disturbance being caused to the neighbour. An acoustic screen, which reduces noise levels by 75% (noise impact assessment submitted by applicant), is also proposed to run along the boundary of the play area with the neighbour in line with the Environmental Health Officer’s requirements.

The Environmental Health officer raises no objection to the use of the building as a children’s day nursery. Additional sound protection measures have also been proposed by the applicants that include lining the party wall with a 100mm skin.

It is therefore considered that no unacceptable harm will be caused to the amenity of neighbours due to noise disturbance across the party wall.

I have also carefully considered the Environmental Health Officer’s comments regarding a condition requiring that any play periods outdoors be supervised by a responsible adult at all times. This would not be a valid condition under the terms of Circular 11/95 as it seeks to duplicate the effect of other controls i.e. those controlling the operation of nurseries.

Turning to the issue of nuisance associated with cooking smells, the applicants have confirmed that the kitchen apparatus will be limited to a domestic size cooker and will be ventilated by a domestic sized extractor vent discharging onto Cottage Lane, at high level above the windows. The applicants propose very little cooking to be done on site. The use of the kitchen is not considered to be likely to cause unacceptable harm to the neighbouring property and controls on smells nuisance are also available via the Environmental Protection Act.

The proposed rear reception room extension is at single storey level and the store room extension is set well away from the boundary with the neighbour’s property. Neither extension is considered to be harmful to the amenity of the neighbouring dwelling in terms of loss of light, overshadowing or overbearing impacts. The creation of the decking area is also away from the neighbour’s property and will not lead to any unacceptable overlooking or loss of privacy.

Highway Safety and Parking

A previous application (ref. 05/1066/FUL) was refused partly on highway safety grounds, namely inadequate parking arrangements which would have resulted in children and parents walking through the existing car and coach park to get to the front entrance door. The scheme now proposes a rear entrance reception to the property with a safe and well organised route from the drop off point into the grounds of the building. No objection is raised to the proposed use by the County Highway Authority. To provide this parking area/dropping off/picking up point, the existing overspill coach/car park of Anne Hathaway’s Cottage it to be used. The applicants have confirmed that this parking area forms part of their lease and the nursery will not operate without this car park.

Impact on Conservation Area

It is considered that the appearance of the building and the gardens will undergo very little change if planning permission is granted for the development. The relocation and replacement of the existing fence will not significantly alter the open character of the grassed area adjacent to the parking area. No trees of any significant public amenity value are to be removed by the proposal and the emphasis when designing the route of the footpath to the rear of the building is to minimise the impact of works on tree roots. The rear reception and store extension and raised decking area are considered to be of an appropriate scale and design. It is therefore concluded that there will be no adverse impact on the character and appearance of the Conservation Area, by reason of this application.

Other Matters

The applicants have devised a Travel Plan in conjunction with Warwickshire County Council. This sets out sustainable objectives and initiatives for future years in how to reduce the reliance on the private car and how to encourage parents to switch to active and sustainable modes of travel. Targets (and proposals to achieve these targets) have been set until 2009 which seeks to:

Reduce the % of pupils travelling by car Increase the % of pupils walking Increase the % of pupils cycling Increase the % of pupils sharing a car lift with other children Increase the % of pupils using public transport Increase the number of pupils taking part in ‘park and stride’ schemes.

It is considered that this Travel Plan represents a significant commitment by the applicants to improving sustainable modes of transport. The scale of the nursery is, however, below the threshold at which such a Plan is required as a formal planning requirement linked to this application.

Legal advice has been obtained by the Council’s solicitor, which confirms the application is legally valid. The Ownership Certificate submitted with the application certifies that the applicants have correctly served Notice on the owners of the land, this being the Shakespeare’s Birthplace Trust. It is considered that this Certificate is in the correct form and has been properly completed. Whilst it is acknowledged that the neighbour at 24a Cottage Lane challenges the ownership of the rear passageway within the application property, the District Planning Authority has no reason to doubt that the applicant genuinely believes that Shakespeare Birthplace Trust is the owner and has completed the certificate in good faith and with due care.

The Council’s solicitor has confirmed that it is not the District Planning Authority’s role to investigate or adjudicate over ownership disputes. The prime purpose of the Ownership Certificate (including a requirement to serve Notice on any landowners) is to ensure that all interested parties are aware of the application and have the opportunity to comment on this. The neighbour is clearly aware of the application and has submitted representations. It is therefore concluded that his rights to participate in the planning application process have not therefore been prejudiced.

RECOMMENDATION

That planning permission be granted subject to the following conditions:-

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. The nursery shall only be open to the public between the hours of 08:00- 18:00 Monday to Friday only and at no time on weekends or Bank Holidays.

Reason In the interest of protecting the amenity of occupants of the neighbouring property.

3. The materials to be used in the construction of the roof of the development hereby permitted shall match those used in the existing building.

Reason To ensure that the development harmonises with the existing building.

4. No part of the development hereby permitted shall be commenced until details of the construction of the pathway within the rear garden, including cross sectional drawings and samples of the materials, have been submitted to and approved in writing by the District Planning Authority and thereafter the development shall only be constructed in accordance with these approved details. The pathway shall thereafter be made available for use prior to the first use of the nursery and shall be retained for such use at all times.

Reason To ensure that the appearance of the development is acceptable and that trees are not unacceptably harmed and that the pathway is available for use in the interests of highway safety.

5. The parking area to the front of the building, the 6 parking spaces within the overspill coach park and the path from the parking spaces to the rear garden of the property shall be constructed in accordance with the details of drawing no.05/1667/11/C and shall be available for use prior to the first use of the nursery and shall thereafter be maintained and made available for use at all times that the nursery is open.

Reason In the interests of highway safety.

6. No part of the development hereby permitted shall be commenced and nor shall any equipment, machinery or materials be brought onto the site until a scheme for the protection of all existing trees and hedges to be retained on site has been submitted to and approved in writing by the District Planning Authority and has been put in place. The scheme must include details of the erection of stout protective fencing and be in accordance with British Standard BS5837 : 1991, a Guide for Trees in relation to construction. Nothing shall be stored or placed in those areas fenced in accordance with this condition and nor shall the grounds levels be altered or any excavation take place without the prior consent in writing of the District Planning Authority. The approved scheme shall be kept in place until all parts of the development have been completed and all equipment, machinery and surplus materials have been removed.

Reason To protect trees and other features on site during construction.

7. The acoustic screening within the rear garden, as shown on drawing no. 05/1667/11/C shall be installed prior to the first use of the nursery and shall thereafter be maintained at all times.

Reason To protect the amenity of the neighbouring property.

The Reasons for recommending Granting Planning Permission

The proposed use can be accommodated within the application premises without having a harmful effect on the amenity of the neighbouring resident, levels of highway safety or the character and appearance of the Conservation Area, subject to the imposition of conditions. The development is therefore considered to be in accordance with the policies of the development plan and the emerging development plan.

The decision to grant planning permission has been made having regard to the policies and proposals listed in the policy section above.

APPLICATION REFERENCE NO. 05/03765/FUL EXECUTIVE SUMMARY

Wootton Park Farm, Alcester Road, Wootton Wawen, Henley-in- Site Address Arden

Partial demolition of existing agricultural building and erection of Proposals conference seminar facility.

Date Received 19 December 2005 Case Officer Tony Horton

Presenting Committee Date 2 March 2006 Officer

Full planning Type of Application Applicant Mr I R McCall application

Haddon Parish Ward Member(s) Wootton Wawen Thirlwell Council Referral to Planning and Yes, if minded to Previous No Regulation support Committee Committee

Part demolition of an existing agricultural shed and erection of a building to be used for conferences and seminars. Description of Floor area is 185 sq.m. Proposals Building measures 21 m long, 9 m wide and up to 5.4 m high. Building located on the edge of the former farm complex. Reason for Referral Support from Parish Council to APC Support from Councillor Haddon Listed Buildings Planning Rural Location Constraints Special Landscape Area Green Belt Principle Impact on Green Belt Impact on Special Landscape Area Key Issues Employment opportunities Sustainability Impact on Listed Buildings

Recommendation REFUSE

SUMMARY OF POLICY AND BACKGROUND PAPERS

POLICY

The Development Plan

Warwickshire Structure Plan 1996 - 2011

GD.3 Overall Development Strategy GD.4 Strategic Constraints GD.5 Development Location Priorities GD.6 Green Belt RA.1 Development in Rural Areas RA.3 Housing and Industrial Development and Hierarchy of Settlements in Rural Areas ER.1 Natural and Cultural Environmental Assets ER.4 Protection and Enhancement of the Landscape T5 Traffic Management

Stratford–on-Avon District Local Plan

ENV1 General Principles of Development ENV5 Special Landscape Areas ENV13 Green Belt ENV29 Listed Buildings EMP9 Development Control Criteria for Industrial and Commercial Development

Other Material Considerations

Central Government Guidance

PPG2 Green Belt PPG4 Industrial and Commercial Development and Small Firms PPS7 Sustainable Development in Rural Areas PPG13 Transport

Stratford–on-Avon District Local Plan Review 1996-2011 (as proposed to be modified)

STR.3 New Employment Provision PR.1 Landscape and Settlement Character PR.2 Green Belt EF.2 Special Landscape Areas EF.14 Listed Buildings DEV.1 Layout and Design DEV.2 Landscaping DEV.5 Car Parking COM.16 Existing Business Uses COM.17 Rural Employment CTY.2 Re-use of Rural Buildings CTY.4 Farm Diversification IMP.7 Green Transport Plans

Supplementary Planning Guidance

Stratford on Avon District Design Guide Wootton Wawen Appraisal 2001

Human Rights Act 1998

Article 6 : Right of a fair trial Article 8 : Right to respect for private and family life Article 1 of the First Protocol : Protection of Property

REPRESENTATIONS

Parish Council

Support as it follows guidelines set out in the Village Appraisal to encourage expansion of small scale employment opportunities. The building would also help soften the outline of farm buildings. (17.01.2006)

Ward Members

Councillor Haddon

I support small scale employment opportunities. It follows Village Appraisal Guidelines (30.01.2006)

Applicants Comments

Wootton Park Farm is still a working farm, some years ago it ceased being a dairy farm and became 100% arable, so the requirement for animal sheds, milking parlours, fattening sheds, cattle pens, feed stores, silage etc was drastically reduced and the current need is mainly for crop and farm vehicle storage; consequently the substantial and attractive brick outbuildings became redundant; modern farming techniques have also gone some way in reinforcing this situation. Ian McCall (the applicant) farms the land with help from farm hands and his sons, the property has been in his family some decades now.

When the original approval for the second phase was granted, a conference facility was proposed for the courtyard between two of the buildings and essentially replaced a fairly derelict storage building; when this building was demolished (it was becoming unsafe) it exposed the original space between the buildings as a potentially very attractive open area, it was therefore decided by the applicant to try and get an approval for moving the conference facility to another location, hence the current application; there will be no requirement to build a structure in the originally approved location and it will remain an open space with hard and soft landscaping.(09.02.2006).

Third Party Representations

One letter of objection to development in the Green Belt has been received from CPRE. One letter has been received raising no objection to the proposals. One letter from South Warwickshire Access Group has been received highlighting that parking for persons with disabilities is needed close to the building with level access.

CONSULTATIONS

Highway Authority

Subject to variation of existing Green Travel Plan to incorporate the proposed development then no objection. (31.01.2006)

RELEVANT PLANNING HISTORY

Reference Number Proposal Decision and date 03/01894FUL & Conversion of redundant agricultural Planning 03/01895/LBC barns & farm outbuildings into offices, Permission conference room, tenants dining Granted facilities. 19.07.2005 Listed Building Consent Granted 19.08.2004 02/01241/LBC & Wall and car port Granted 02/01239/FUL 14.06.2002 02/01095/FUL Convert barn to 6 holiday lets Granted (renewal) 17.06.2002 01/01125/AGNOT Single storey agricultural building Approved 08.05.2001 00/01915/LBC & Conversion of barn to offices Granted 00/01912/FUL 01.12.2000 S96/1013 Convert barn to 6 holiday lets Granted 03.06.1997 S85/0827 Farmhouse extension and new office Granted 13.11.1985 S84/1249 Alterations & extensions to farmhouse Granted 19.03.1985

ASSESSMENT OF THE KEY ISSUES

Principle

The application site is located in open countryside, within the Green Belt. It seeks to increase previously approved commercial activities on the site, adding to the office use conversions already implemented as part of Phase I (completed) and the offices and conference room allowed as part of Phase II, through the provision of a new building. The building would be 21m long, 9m wide and 5.4m high with a floor area of 185m2.

Planning Policy Guidance 2 (PPG2) states that the general policies controlling development in the countryside apply with equal force in Green Belts but there is, in addition, a general presumption against inappropriate development within them. Such development should not be approved, except in very special circumstances.

PPG2 states that the construction of new buildings inside a Green Belt is inappropriate unless it is for the following purposes:

agriculture and forestry

essential facilities for outdoor sport and outdoor recreation, for cemeteries, and for other uses of land which preserve the openness of the Green Belt and which do not conflict with the purposes of including land in it limited extension, alteration or replacement of existing dwellings limited infilling in existing villages limited infilling or redevelopment of major existing developed sites identified in adopted local plans.

The proposed new building clearly does not fall within any of the above definitions and must therefore be considered to be inappropriate development. Inappropriate development is, by definition, harmful to the Green Belt. It is for the applicant to show why permission should be granted. Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

It should be noted that previous permissions to re-use existing buildings on the site as offices constituted appropriate development in the Green Belt. It should also be noted that a previously granted permission for a conference building on the site was granted on the basis that this was a replacement for an existing barn which was contained on three sides by existing buildings and screened on the fourth side by another building. Consequently this new build element did not materially increase building volume and did not materially affect the openness of the Green Belt or the character and appearance of the Special Landscape Area.

The applicants sole reason for now proposing the construction of the conference centre building elsewhere on the site appears to be to enable the space in the middle of the converted office complex to remain open and be used as a landscaped area adjacent to the approved office conversions, rather than being used as a site for the previously approved conference centre building. It is not considered that this constitutes the very special circumstances required to justify inappropriate development in the Green Belt through the construction of a new building elsewhere on the site.

Impact on Green Belt

The proposals involve the partial demolition of an existing agricultural shed. The volume of the part of the building to be demolished is around 363 cubic metres. The volume of the proposed seminar and conference room building is around 750 cubic metres, i.e. more than twice the volume of the part of the building it replaces. Whilst the proposed building is lower in height it nevertheless will have a significant visual impact given that it is twice the width of the existing building and is located away from the main original farm complex. It is therefore considered that the proposal will have an adverse visual impact on the openness of the Green Belt.

It should be noted that a previously approved conference facility was located within a courtyard enclosed on three sides and screened from long distance views by other buildings and replaced an existing building within the courtyard. The visual impact of that new building was therefore considered to not cause harm to the openness of the Green Belt. In the event of the applicants offering to rescind via a S106 Agreement this element of the previous permission (which they have not) it is considered that the ‘trade-off’ is not acceptable as it would allow the construction of a building which is considered to be harmful to the Green Belt and Special Landscape Area at the expense of a building that has no such negative impacts.

Impact on Special Landscape Area

It is considered that the increase in bulk and mass of the building over and above the part of the building to be demolished will cause visual harm to the character and appearance of the Special Landscape Area.

Whilst efforts have been made to keep the building of a simple design and appropriately ‘rural’ materials are proposed, the detailed design of the windows and doors however fails to project a building of ‘authentic’ agricultural character. The overall character and appearance of the building does not therefore fully harmonise with the original agricultural complex. However, given that the building is located some distance from the original farm complex, adjacent to an ugly more modern farm shed, then it is more difficult to argue that its detailed design causes particular harm to the character and appearance of the Special Landscape Area.

Impact on the setting of listed buildings

The main listed building on the site is the Grade II farmhouse to the east. Other buildings are, by virtue of their age and relationship to the farmhouse, considered to be curtilage listed. The relatively modern agricultural building to be partially demolished is not however curtilage listed.

Given that the building is located some distance from the original farm complex, adjacent to an ugly more modern farm shed, it is difficult to argue that its mass, bulk and design causes any particular harm to the setting of the listed buildings on the site.

Sustainability and Travel

Based on experience at appeal the Authority considers, as a general rule, that a floor area of up to 2,000 square metres is relatively sustainable in terms of traffic generation if served directly onto a Classified A or B road. The proposals entail the use of around 185 square metres of floor area and the site is served directly onto the B4089 via a new access road secured under Phase I. It is therefore considered that in terms of traffic generation on the highway network the scheme is acceptable.

There are however concerns regarding the sustainability of the travel patterns to and from the site and the need to reduce the number of private car journeys in this relatively isolated rural location.

The applicants have previously entered into a S106 legal agreement to secure a Travel Plan for the site, which includes such measures as creation of a travel co- ordinator role to oversee the site, car sharing scheme, bike storage and shower facilities, encouragement for subsidising public transport/cycling, flexible working patterns and encouragement of use of footpaths.

It is considered that subject to a planning condition to secure an amendment to the existing Travel Plan to incorporate this part of the site that the scheme is acceptable in terms of sustainability.

Employment

The Authority has approved two schemes at the site for the conversion and re- use of existing buildings for offices. Phase I of those permissions has been

completed and a number of persons are now employed at the site. There is however no current evidence that the site is employing local people.

The Parish Council supports the proposal as it “follows guidelines set out in the Village Appraisal to encourage expansion of small scale employment opportunities.”

The Village Appraisal states that the challenge for Wootton Wawen is “…how to further expand employment opportunities without affecting the rural character of the village…”. The Appraisal’s Action Plan point 2.2 seeks to “…create more jobs that will benefit local people, without damaging the countryside and the environment.”

It is considered that the aim of creating more local employment is desirable, and the application site has previously been granted permission to re-use existing buildings for employment purposes. The current proposals do not however re-use existing buildings and the consequent visual harm of the new building to the openness of the Green Belt and character of the Special Landscape Area is considered to be unacceptable. It should also be noted that Phase II of the commercial re-use of existing buildings has not yet been commenced. The applicants have not provided any direct evidence that local people are currently being employed on the site and it is consequently considered that the aims of providing local employment do not in these circumstances override the harm to the Green Belt and Special Landscape Area.

RECOMMENDATION

That planning permission be REFUSED for the following reasons:-

1. The proposal is located within the West Midlands Green Belt. Government advice in Planning Policy Guidance Note 2 'Green Belts' advises that within Green Belts the general policies for controlling development in the open countryside apply. There is, however, an additional presumption against inappropriate development within them. The general presumption is given additional force in policy GD.6 of the Warwickshire Structure Plan 1996-2011, policy ENV13 of the Stratford on Avon District Local Plan and Policy PR.2 of the draft Stratford on Avon District Local Plan Review 1996-2011 (as Proposed to be Modified) which seek to protect the rural character of the area. The District Planning Authority considers that the construction of a building for use as a seminar and conference facility would constitute inappropriate development in conflict with Green Belt policy and would harm the openness of the Green Belt due to its siting, bulk and mass which would be visible from the public footpaths and from wider countryside views. The District Planning Authority does not consider that there are any very special circumstances applying to this proposal which would allow it to grant planning permission contrary to prevailing planning policies. Objection is therefore raised to the proposal.

2. The site is located outside any village settlement, in open countryside, which forms part of the designated Arden Special Landscape Area. Planning policies, including policies ER.4 of the Warwickshire Structure Plan 1996-2011, ENV1 and ENV5 of the Stratford on Avon District Local Plan and EF.2, DEV1 and PR.1 of the draft Stratford on Avon District Local Plan Review (as Proposed to be Modified) and the District Design Guide seek to ensure that the high landscape quality of the area is conserved and protected by resisting

development that would have a harmful effect upon the character and appearance of the landscape. In the opinion of the District Planning Authority the construction of this building would represent a visual intrusion of inappropriate bulk and mass into the rural landscape which would be harmful to the character and appearance of the Special Landscape Area. Objection is therefore raised to the proposed development.

APPLICATION REFERENCE NO. 05/03765/FUL EXECUTIVE SUMMARY

Wootton Park Farm, Alcester Road, Wootton Wawen, Henley-in- Site Address Arden

Partial demolition of existing agricultural building and erection of Proposals conference seminar facility.

Date Received 19 December 2005 Case Officer Tony Horton

Presenting Committee Date 2 March 2006 Neil Pearce Officer

Full planning Type of Application Applicant Mr I R McCall application

Haddon Parish Ward Member(s) Wootton Wawen Thirlwell Council Referral to Planning and Yes, if minded to Previous No Regulation support Committee Committee

Recommendation REFUSE

SUMMARY OF POLICY AND BACKGROUND PAPERS

POLICY

The Development Plan

Warwickshire Structure Plan 1996 - 2011

Stratford–on-Avon District Local Plan

ENV1 General Principles of Development ENV5 Special Landscape Areas ENV13 Green Belt ENV29 Listed Buildings EMP9 Development Control Criteria for Industrial and Commercial Development

Other Material Considerations

Central Government Guidance

PPG2 Green Belt PPG4 Industrial and Commercial Development and Small Firms PPS7 Sustainable Development in Rural Areas PPG13 Transport

Stratford–on-Avon District Local Plan Review 1996-2011 (as proposed to be modified)

Supplementary Planning Guidance

Stratford on Avon District Design Guide Wootton Wawen Appraisal 2001

Human Rights Act 1998

Article 6 : Right of a fair trial Article 8 : Right to respect for private and family life Article 1 of the First Protocol : Protection of Property

REPRESENTATIONS

Parish Council

Ward Members

Councillor Haddon

I support small scale employment opportunities. It follows Village Appraisal Guidelines (30.01.2006)

Applicants Comments

Third Party Representations

CONSULTATIONS

Highway Authority

Subject to variation of existing Green Travel Plan to incorporate the proposed development then no objection. (31.01.2006)

RELEVANT PLANNING HISTORY

ASSESSMENT OF THE KEY ISSUES

Principle

PPG2 states that the construction of new buildings inside a Green Belt is inappropriate unless it is for the following purposes:

agriculture and forestry

Impact on Green Belt

Impact on Special Landscape Area

Impact on the setting of listed buildings

Sustainability and Travel

It is considered that subject to a planning condition to secure an amendment to the existing Travel Plan to incorporate this part of the site that the scheme is acceptable in terms of sustainability.

Employment

The Authority has approved two schemes at the site for the conversion and re- use of existing buildings for offices. Phase I of those permissions has been

completed and a number of persons are now employed at the site. There is however no current evidence that the site is employing local people.

The Parish Council supports the proposal as it “follows guidelines set out in the Village Appraisal to encourage expansion of small scale employment opportunities.”

RECOMMENDATION

That planning permission be REFUSED for the following reasons:-

1. The proposal is located within the West Midlands Green Belt. Government advice in Planning Policy Guidance Note 2 'Green Belts' advises that within Green Belts the general policies for controlling development in the open countryside apply. There is, however, an additional presumption against inappropriate development within them. The general presumption is given additional force in policy GD.6 of the Warwickshire Structure Plan 1996- 2011, policy ENV13 of the Stratford on Avon District Local Plan and Policy PR.2 of the draft Stratford on Avon District Local Plan Review 1996-2011 (as Proposed to be Modified) which seek to protect the rural character of the area. The District Planning Authority considers that the construction of a building for use as a seminar and conference facility would constitute inappropriate development in conflict with Green Belt policy and would harm the openness of the Green Belt due to its siting, bulk and mass which would be visible from the public footpaths and from wider countryside views. The District Planning Authority does not consider that there are any very special circumstances applying to this proposal which would allow it to grant planning permission contrary to prevailing planning policies. Objection is therefore raised to the proposal.

upon the character and appearance of the landscape. In the opinion of the District Planning Authority the construction of this building would represent a visual intrusion of inappropriate bulk and mass into the rural landscape which would be harmful to the character and appearance of the Special Landscape Area. Objection is therefore raised to the proposed development.

APPLICATION REFERENCE NO. 05/03655/LBC EXECUTIVE SUMMARY

Site Address 51 High Street Bidford-on-Avon

Proposals Replacement of old sash windows for new ones (retrospective)

Date Received 7 December 2005 Case Officer Sian Gardner

Presenting Committee Date 2 March 2006 John Clarke Officer

Listed Building Type of Application Applicant Mr Losh Consent James Parish Ward Member(s) Pemberton Bidford-on-Avon Council Slaughter Referral to Planning and Previous No No Regulation Committee Committee

Replacement of existing timber sash windows with UPVC Description of windows of the same style Proposals Use of 3D Astragal applied glazing bars Reason for Referral Parish Council support to APC Planning Grade II Listed Building within Conservation Area Constraints Harm to the historic character of the Listed Building Key Issues Applicant’s personal circumstances

Recommendation REFUSE

SUMMARY OF POLICY AND BACKGROUND PAPERS

POLICY

The Development Plan

Stratford-on-Avon District Local Plan

ENV29 Listed Buildings

Other Material Considerations

Central Government Guidance

PPG15 Planning and the Historic Environment

Stratford–on-Avon District Local Plan Review 1996-2011 (as proposed to be modified)

EF.14 Listed Buildings

Supplementary Planning Guidance

Stratford-on-Avon District Design Guide

Human Rights Act 1998

Article 6 : Right of a fair trial Article 8 : Right to respect for private and family life Article 1 of the First Protocol : Protection of Property

REPRESENTATIONS

Parish Council

Support the application. They consider the windows to be sympathetic and not out of keeping with neighbours. The residents suffer greatly from noise as a result of the traffic which queues back from the traffic lights. The windows are safer as the property has been broken into previously. The Parish Council considers that the residents have made an effort to improve the property in the addition of the new windows (10.01.2006).

Third Party Representations

None received

Applicant's Comments

Wife is in poor health – need to reduce the car fumes Cost of heating the house considerable The old frames were unsafe – security was a worry Traffic noise was unacceptable due to queuing traffic Double glazed windows in situ to rear of property and existing upvc window in top left front window Many examples of double glazed windows and doors within properties of a similar age and character in close proximity to the application site

A representative from Hamelin windows was advised by a member of Planning Services that replacement windows were acceptable providing the original windows were sympathetically replaced. The replacement windows were made by a company who specialises in windows for houses in Conservation Areas and for Listed Buildings the cost of replacing the windows will be significant and being pensioners it would take considerable time to raise the funds

CONSULTATIONS

Conservation Officer

The Conservation Officer carried out a site visit in January 2004 and advised that an application based on double glazing would be most unlikely to be granted. The windows subsequently inserted during 2005 are unacceptable and a letter from the enforcement officer dated 2nd September 2005 advised that the windows would need to be replaced. In a telephone conversation between the conservation officer and Mrs Losh on 9th September 2005, the Conservation Officer stressed the need for timber single glazed flush fitting sashes as replacements from what has been inserted. The Conservation Officer therefore objects to the proposal on the grounds of its adverse impact on the character of the Listed Building (06.01.2006)

RELEVANT PLANNING HISTORY

Reference Number Proposal Decision and date 99/01266/LBC Amended front entrance door Refused arrangements to that approved in 26.11.1999 Appl.No.SLB97/0283.

99/00040/LBC Replace four windows. Refused 13.04.1999

97/01560/FUL Conversion of former hotel annexe Granted together with first floor self contained 05.02.1998 flat into 3 bedroomed house

97/00283/LBC Conversion of former hotel annexe Granted together with first floor self contained 05.02.1998 flat into 3 bedroomed house

APPEAL Amended front entrance door Allowed 00/00010/PREUNI arrangements to that approved in 07.04.2000 Appl.No. SLB97/0283.

ASSESSMENT OF THE KEY ISSUES

The windows the subject of this application have already been installed and as such this is a retrospective application for Listed Building Consent.

I consider that the principal issue in this application is the effect of the replacement windows on the architectural and historic interest of the listed building and its surroundings within the Bidford-on-Avon Conservation Area.

Harm to the character of the Grade II Listed Building

The Government attaches great importance to the protection of Listed Buildings. PPG 15 states that ‘….Listed Buildings cannot be replaced and they can be robbed of their special interest through unsuitable alteration’. They represent a finite resource and an irreplaceable asset. There should be a general presumption in favour of the preservation of Listed Buildings except where a convincing case can be made out for alteration. While the Listing of a building should not be a bar to all future change, the starting point for the exercise of Listed Building Control is the statutory requirement on local planning authorities to have special regard to the desirability of preserving the building or any features of architectural or historic interest which it possesses. This reflects the great importance to society of protecting listed buildings from unsuitable or insensitive alteration.’

The four windows to be assessed under this listed building consent application are all on the front elevation of the listed building which occupies a very prominent and exposed position within the village Conservation Area.

The building is a modest, painted brick-fronted Grade II Listed cottage which directly fronts onto High Street. It has four windows within its front elevation which were formerly of traditional sliding sash design and white painted timber construction. Both the form and materials used contributed to the character and visual appearance of the listed building.

A previous owner of the property applied to replace these windows with uPVC alternatives in 1999 (99/00040/LBC). Listed building consent was refused on the basis that the use of uPVC would be harmful to the character and appearance of the listed building by reason of the introduction of inappropriate materials.

The current owners of the property have replaced the same front windows that were considered in the 1999 application with new uPVC windows. Whilst the replacements have a likeness to the previous timber sash windows, my conclusions regarding the choice of material is the same as that reached by the Planning Department in 1999. In my opinion the use of uPVC harms the character and appearance of the Grade II Listed Building by reason of its modern appearance which differs markedly from a traditional painted timber window frame.

Applicant’s personal circumstances

I have considered the applicant’s personal circumstances which centre upon the need for improvements to the original windows due to the close proximity of the road and the associated traffic noise, and security issues. I have taken account of the fact that the applicant apparently sought reassurance from the representative of the window company who advised him that he had contacted the Planning Department on two occasions to enquire as to whether any form of permission would be required for the new windows. This said, Members should note the fact that the Council’s Conservation Officer had personally visited the site and clearly advised that Listed Building Consent would be required for the installation of uPVC windows and that Officers would not support such a proposal. I therefore question why the applicant proceeded to replace the windows having received this specific advice from a Council Officer who had already personally inspected the property.

In conclusion, I cannot accept that the arguments put forward by the applicant are sufficient to justify the use of plastic replacement windows in a listed building where consent for uPVC fenestration was only refused 7 years ago. Officers

remain strongly of the opinion that such windows are harmful to the character and appearance of the Grade II listed building and should be removed.

RECOMMENDATION

That the Listed Building Consent application be REFUSED for the following reason:

The District Planning Authority is of the opinion that the addition of the UPVC windows into a Grade II Listed Building harms its historic character by introducing a discordant modern material onto a traditional building. The incorporation of sealed double-glazed windows with applied glazing bars within white, plastic frames as now inserted in the building represent a modern, discordant feature on the prominent front façade which is detrimental to the traditional character and appearance of the cottage. The works are therefore contrary to Policy ENV 29 of the Stratford on Avon District Local Plan and Policy EF.14 of the Stratford on Avon District Local Plan Review 1996-2011 (as proposed to be modified).

APPLICATION REFERENCE NO. 05/03729/FUL EXECUTIVE SUMMARY

Site Address 201 High Street, Henley-in-Arden, Warwickshire, B95 5BA

Demolition of single storey rear utility space and timber outbuilding. Proposals Erection of a two storey rear extension and a detached garage including storage/study and WC

Date Received 14 December 2005 Case Officer Tamasine Swan

Presenting Committee Date 2 March 2006 Neil Pearce Officer

Full planning Type of Application Applicant Mr M Levenger application

Haddon Parish Ward Member(s) Henley in Arden Thirlwell Council Referral to Planning and Previous No No Regulation Committee Committee

Amended plans received 7 February 2006. Scheme now proposes: Construction of pitched roof over existing two storey flat roof extension to rear of house Erection of detached double garage with store and WC to rear Description of and first floor ancillary accommodation over (6.2m high to Proposals ridge) Two storey rear extension (4.65m wide, 4.5m deep, 3.5m high to eaves, 6.15m high at top of ridge) Single storey rear extension with monopitch roof (3.25m deep, 2.6m wide) Reason for Referral Parish Council support to APC Planning Listed Building Constraints Conservation Area Design and impact on the Listed Building/Conservation Area Key Issues Impact on neighbouring residents

Recommendation REFUSE

SUMMARY OF POLICY AND BACKGROUND PAPERS

POLICY

The Development Plan

Stratford-on-Avon District Local Plan

ENV1 General Principles of Acceptable Development ENV26 Development and Enhancement in Conservation Areas ENV29 Listed Buildings

Other Material Considerations

Central Government Guidance

PPG15 Planning and the Historic Environment

Stratford–on-Avon District Local Plan Review 1996-2011 (as proposed to be modified)

PR.1 Landscape and Settlement Character EF.12 Conservation Areas EF.14 Listed Buildings DEV.1 Layout and Design COM.12 Existing Housing Stock

Supplementary Planning Guidance

Stratford on Avon District Design Guide Henley-in-Arden Village Design Statement

Human Rights Act 1998

Article 6 : Right of a fair trial Article 8 : Right to respect for private and family life Article 1 of the First Protocol : Protection of Property

REPRESENTATIONS

Parish Council

No objection – we feel this application would replace a number of temporary buildings and would have a better design effect on the setting. (16.01.2006).

Ward Members

Councillor Haddon

No representation. (30.12.2005).

Third Party Representations

One letter of objection has been received from the occupants of the neighbouring property, 199 High Street. This makes the following points:

The extension is too intensive for the plot size

It is too high and will result in a loss of amenity to no.199 It will restrict sunlight to the kitchen and living room of no.199 It will harm the character, appearance and setting of the listed building.

A further letter has been received from the Campaign to Protect Rural England. This objects to the application on the basis that it would further erode the open land to the rear of High Street, the design of the extension (and particularly its fenestration) would be out of character with its surroundings and it would harm the listed building and its setting.

Applicant’s Comments

The proposals are to demolish a single storey rear utility, inclusive of a timber store and erect a two storey extension in its place. The application also includes for the erection of a detached garage within the confines of the existing site.

The proposed rear extension is not as long as the existing utility and store. The eaves levels have also been designed to be as low as reasonably practical bearing in mind head height restrictions to the first floor. These two points have been addressed within the design in order to reduce the impact on the neighbouring property at no 199.

The windows to the proposed extension have been kept at a high level, resulting in no outlook to the rear of the property in order to retain privacy to neighbouring properties. The alterations to the existing fabric have been kept to a minimum and the proposals have the added benefit of removing the existing unfavourable felted flat roofs which presently reside over the first floor bathroom and ground floor utility/store.

The proposals do result in an additional building height near the boundary of no. 199 however we understand that the rear windows to no 199 are bathroom and landing windows. We are also aware that the feature window in the rear extension to no. 199 is at a high level and offers no outlook. In addition to this there is also a second separate light source to the extension of no. 199 in the form of a rear window. (14.12.2005 – comments to accompany plans as originally submitted).

Revised drawings have been prepared as agreed with the Planning Officer and in the light of the comments raised by the Conservation Officer. With regard to concerns regarding the proximity of the rear extension to the ground floor kitchen window of 199 High Street, the altered plans show that we have not only addressed the symmetry of the rear elevation but in doing so have been able to move the two storey extension away from the boundary by approximately 400mm from that originally submitted. It is our view that in moving the extension over away from the boundary of no. 199 it has helped ease previous concerns. (6 February 2006 – comments to accompany submission of revised plans).

CONSULTATIONS

Conservation Officer

No objection to amended plans subject to conditions. (10.02.2006)

WCC Museum (Ecology)

No objection. Suggest note re: bats is attached to any permission granted. (09.01.2006).

RELEVANT PLANNING HISTORY

Reference Number Proposal Decision and date 05/03731/LBC Demolition of a single storey utility Granted space and timber outbuilding. 08.02.2006 Erection of a two storey rear extension and a detached garage including storage/study and WC.

04/02848/FUL Change of use from shop to dwelling Granted 07.02.2005 SLB76/0047 Erection of temporary wall mounted Granted light fittings for illumination of footway 02.12.1976

ASSESSMENT OF THE KEY ISSUES

The application property is a two storey, terraced listed building fronting directly on to Henley High Street. It has a long rear garden extending back to, and with access from, Prince Harry Road. The dwelling itself is double fronted with various additions running off its rear elevation. An older, pitched roof two storey wing characterises the southern half of the rear of the building with a flat roof two storey extension of more recent construction obscuring the remainder of the original rear wall of the property. A long single storey extension of timber cladding and with a shallow felt roof extends back from the flat roof two storey extension along the northern boundary of the site.

The application proposes the removal of the single storey buildings and their replacement with a two storey extension with a pitched roof. The existing two storey flat roof extension would also have a pitched roof incorporated into its design and a single storey dining room extension would be added adjacent to the boundary with no. 203. A detached garage building with first floor room over is also proposed at the bottom of the garden with access from Prince Harry Road.

Design and impact on the Listed Building/Conservation Area

It is acknowledged that the existing two storey flat roof extension and the timber clad single storey additions detract from the character and appearance of the original parts of the listed building. The addition of a further two storey extension would add to the mass of existing extensions at the rear of the property but would arguably improve the appearance of the listed building overall. Amended plans have been received which revise the shape of the two storey extension and show a monopitch roof over the new dining room rather than a flat roof as originally proposed. On this basis the Conservation Officer is satisfied that the extensions will not harm the character and appearance of the listed building. Members should be aware that listed building consent has recently been granted for the works proposed within this planning application.

The garage at the rear of the site would be a sizeable structure with ancillary accommodation at first floor level. Again its design has been modified to overcome concerns raised by the Conservation Officer. The building would be

visible from Prince Harry Road though would sit between similar buildings in the gardens of neighbouring properties. In my view the garage would not harm the setting of the listed building or the character and appearance of the Conservation Area and no objection is raised by Officers to this element of the application.

Impact on neighbouring residents

The dining room extension adjacent to no.203 High Street would be of single storey construction and would be to the north of this neighbouring property. On this basis I am satisfied that the amenity of this neighbouring resident would not be materially affected.

The two storey extension would be immediately to the south of the neighbour at no. 199 High Street. The increase in the height of the building would result in a loss of light across the boundary compared with the current situation and would also be a much more bulky feature on the boundary compared with the current single storey building range. Officers have visited this neighbouring property to assess the specific impact of the proposed building on amenity levels. At first floor level the only windows affected would be those serving bathrooms, a dressing room/corridor and a high level window to a bedroom which has a further window overlooking the rear garden which would be unaffected by the works at no. 201. It is not felt that the impact on any of the first floor windows would be sufficient to justify a refusal of planning permission.

On the ground floor of no. 199 there are 4 windows/doors that would be affected by the extension. A side-facing 2m high fixed window in a rear living room already looks directly onto the side of the existing timber outbuildings but is a secondary window to this room which also has french doors leading onto the rear garden. The impact on light levels within, and the outlook from, this room would be small and would not, in my opinion, justify refusal of planning permission. A corridor (containing a staircase) linking this living room to the older front part of the house contains glass doors opening onto a small courtyard area adjacent to the proposed extension at no. 201. Whilst there would be some loss of light to this corridor, the fact that it is not a principal room where residents would be expected to spend much time leads me to conclude that again any identified impact would not justify refusal of planning permission for the proposed extension.

The remaining two windows in this part of no. 199 both serve the kitchen of the property and are the only light source to this principal room. One window looks into the small courtyard area and towards the living room/bedroom extension forming part of no. 199, whilst the second window looks directly down the footpath leading down the side of no. 199’s living room to the rear garden. The single storey additions at no. 201 are already apparent as a means of boundary enclosure to the south though significant light does reach the kitchen to no. 199 over the top of these existing single storey structures. In my opinion the construction of a two storey extension extending just over 5m back from these kitchen windows, would both severely reduce light to the neighbours’ kitchen and appear as an overbearing structure on this southern side of the property. The amended plans show the extension moved 40cm further away from the boundary though this would not, in my view, overcome the impacts on amenity levels identified above.

RECOMMENDATION

That planning permission be REFUSED for the following reason:-

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The two storey rear extension would be located close to the boundary of the property and would be immediately to the south of the neighbouring dwelling, 199 High Street. In the opinion of the District Planning Authority the construction of a two storey structure as proposed would result in an unacceptable loss of light to the kitchen windows of this neighbouring property as well as appearing overbearing with a consequent harmful impact on the amenity of the occupants of no. 199. Objection is therefore raised to the proposed development which would be contrary to policy ENV1 of the Stratford-on-Avon District Local Plan and policies PR.1, DEV.1 and COM.12 of the draft Stratford-on-Avon District Local Plan Review (as proposed to be modified).

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APPLICATION REFERENCE NO. 05/03820/ADV EXECUTIVE SUMMARY

Site Address Stratford Health Care, Arden Street, Stratford-upon-Avon

4m high chrome post with 1m x 1m frosted white acrylic pharmacy Proposals cross, lit by apple green cold cathode lamp, and 3 no. 12m banner flag poles.

Date Received 22 December 2005 Case Officer Joanne Long

Presenting Committee Date 2 March 2006 John Clarke Officer

Advertisement Type of Application Applicant Stratford Healthcare Ltd Consent Application Beckett Town Ward Member(s) Lloyd Stratford-upon-Avon Council Short Referral to Planning and Previous No No Regulation Committee Committee

One 5m high illuminated pharmacy cross sign (sign 1m high on Description of top of 4m high chrome post) Proposals 3 no. 12m high banner flag poles Reason for Referral Objection from Town Council to APC Planning The site has no formal environmental designations Constraints

Key Issues Impact on street scene

Recommendation GRANT in part.

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SUMMARY OF POLICY AND BACKGROUND PAPERS

POLICY

The Development Plan

Stratford-on-Avon District Local Plan

ENV32 Advertisements

Stratford–on-Avon District Local Plan Review 1996-2011 (as proposed to be modified)

PR.1 Landscape and Settlement Character DEV.14 Advertisements

Supplementary Planning Guidance

Stratford-on-Avon District Design Guide Stratford-upon-Avon Town Design Statement

Human Rights Act 1998

Article 6: Right of a fair trial Article 8: Right to respect for private and family life Article 1 of the First Protocol: Protection of Property

REPRESENTATIONS

Town Council

Object as detrimental to street scene Contrary to policies ENV32 and DEV14 (10.01.2006)

Ward Members

Councillor Lloyd

No representations (18.01.2006)

RELEVANT PLANNING HISTORY

Reference Number Proposal Decision and date

05/02922/ADV Back lit sign Approved 11.11.2005 04/01309/FUL New Health Centre Approved 23.07.2004

ASSESSMENT OF THE KEY ISSUES

The key issue is the impact of the signs on the visual amenity of the street scene. The new Health Care building is behind the existing Arden Street car park and is set back approximately 50m from Arden Street and is at a higher level. The boundary of the Stratford on Avon Conservation Area is close to the site but does not abut it. Illuminated signage on the building was approved last year (05/02922/ADV).

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The proposed flags are 12m high and would partially obscure the approved signs on the building. In my view this would create visual clutter on the front of the building and would be visually harmful to the area.

The pharmacy cross sign has a simple style and, given the siting well away from the main road frontage, its height and design are not considered inappropriate. The Stratford on Avon District Design Guide allows for the illumination of signs relating to medical establishments and given the approved level of signage on the building it is not considered that the pharmacy cross sign will have a detrimental impact on the street scene. Furthermore, I am satisfied that the pharmacy cross sign will not have a harmful impact on highway safety.

RECOMMENDATION

That advertisement consent be GRANTED subject to the following conditions:

1. This consent relates only to the pharmacy cross sign and shall not be construed as granting consent for the 3 banner flag poles.

Reason In the interests of visual amenity as the proposed banner flagpoles would cause visual clutter to the front of the building.

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APPLICATION REFERENCE NO. 06/00015/FUL EXECUTIVE SUMMARY

Site Address 10 Priory Road, Alcester, Warwickshire, B49 5DY

Proposals New single garage to rear of property

Date Received 4 January 2006 Case Officer Tamasine Swan

Presenting Committee Date 2 March 2006 Neil Pearce Officer

Full planning Type of Application Applicant Jane Owen application Juned Town Ward Member(s) Meade Alcester Council Price Referral to Planning and Previous No No Regulation Committee Committee

New single garage and attached garden store building, 3.4m Description of wide, 8.3m long, 2.4m high to eaves and 3.5m high at ridge Proposals Brick and slate materials proposed with dark brown timber doors and eaves joinery Reason for Referral Applicant’s daughter is a District Council employee to APC Planning House is within Conservation Area (location of garage is Constraints outside the boundary) Visual impact Key Issues Impact on neighbours

Recommendation GRANT

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SUMMARY OF POLICY AND BACKGROUND PAPERS

POLICY

The Development Plan

Stratford-on-Avon District Local Plan

ENV1 General Principles of Acceptable Development ENV26 Development and Enhancement in Conservation Areas

Other Material Considerations

Central Government Guidance

PPG15 Planning and the Historic Environment

Stratford–on-Avon District Local Plan Review 1996-2011 (as proposed to be modified)

PR.1 Landscape and Settlement Character DEV.1 Layout and Design EF.13 Conservation Areas COM.12 Existing Housing Stock

Supplementary Planning Guidance

Stratford on Avon District Design Guide Alcester Parish Appraisal

Human Rights Act 1998

Article 6 : Right of a fair trial Article 8 : Right to respect for private and family life Article 1 of the First Protocol : Protection of Property

REPRESENTATIONS

Parish Council

No representation. (24.01.2006).

ASSESSMENT OF THE KEY ISSUES

The application property is the southernmost of a terrace of three and fronts onto Priory Road. Its rear garden extends back to Cross Road to the west of the house from where vehicular access is already obtained. The application proposes the construction of a single garage and attached garden store towards the western end of the rear garden with continued vehicular access from Cross Road. The building would be set 6m back from the edge of the pavement to allow a vehicle to be parked in front of the garage without obstructing the highway.

Visual impact

The garage would be of brick and slate construction with dark stained timber doors. I consider these materials to be appropriate in a location which is close to the boundary of the Conservation Area. Its modest overall height (2.4m to the

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eaves and 3.5m to the top of the roof ridge), together with the fact that it would be set back into the site, should minimise its impact on views from Cross Road. The garage would also be seen in conjunction with an outbuilding (belonging to 12 Priory Road) on the other side of the common boundary wall which extends closer to the road than the proposed garage structure. I do not conclude therefore that the garage would harm the Cross Road street scene or the setting of the nearby Conservation Area.

Impact on neighbouring residents

The garage would be set in from the side boundaries of the plot on both sides and away from the principal garden areas of neighbouring properties. The low height of the building should also ensure that it has minimal impact on the amenity of neighbouring residents, none of whom have raised objections to the application.

RECOMMENDATION

That planning permission be GRANTED subject to the following conditions:-

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. The materials used in the construction of the new garage shall be in accordance with the details specified on the plans submitted with the application unless otherwise agreed in writing by the District Planning Authority.

Reason To ensure that the development complements the character of the area.

The Reasons for recommending Granting Planning Permission

The scale, design and siting of the garage do not cause harm to the appearance of the area or the amenity of neighbouring residents. The proposals comply with the policies and proposals of the Warwickshire Structure Plan 1996-2011, the Stratford on Avon District Local Plan and the draft Stratford on Avon District Local Plan Review 1996-2011 (as proposed to be modified). There are no material considerations that are sufficient to justify overriding these policies.

The decision to grant planning permission has been taken having regard to the policies and proposals as set out in the policy section above.

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