PLANNING APPEAL. STATEMENT OF CASE. Demolition of existing stables, tack room and viewing room to facilitate the erection of a detached dwelling, Church Lane, Wychnor, Staffordshire. DE13 8BU. Application No. P/2016/01175. East Staffs Borough Council. Applicant: Mr. Ivor Smith, The Smithy, Church Lane, Wychnor, Staffordshire. DE13 9BY. Agent: John Carter Architect, 14 Mill End Lane, Alrewas, Staffordshire. DE13 7BX. INTRODUCTION LA = East Staffordshire Borough Council. PO = Planning Officer, Emily Summers. NPPF = National Planning Policy Framework. SP = Strategic Policy. DP = Design Policy. DAS = Design and Access Statement. HS = Heritage Statement. (Green) = Source of information. Correction to address of application. Application form gave address as Church Lane, Wychnor, DE13 9BU. LA were informed. Site location The LA purports to have taken a positive approach to decision making in respect of this application concluding that it is an unsustainable form of development which conflicts with relevant development plan, policies and material planning considerations including NPPF. The LA also profess that possible solutions were proactively considered in an attempt to secure a development that improves the economic, social and environmental conditions. Assuming that there would have been some potential the LA have made no attempt to invite dialogue in order to expand this potential nor have they responded to an invitation from the applicant to discuss matters since their decision. It would seem that these declarations, taken from paragraphs 186 and 187 of the NPPF, are quoted to moderate their resistance to development within Wychnor. The resistance emanates from two quoted LA designated constraints. Sustainability. Putting aside the significance that the methods for construction and the building in use will be of the highest level in terms of sustainability, the application has not sought to claim that the site is situated within an existing sustainable neighbourhood as defined by a ‘Made’ Neighbourhood Plan (LA quote). Never the less, the development of this single dwelling will embrace some of the criteria cited in SP8 and deliver a high environmental performance. This dwelling will offer choice within the area of Burton upon Trent and will have valuable amenities that cannot be provided within a high-density volume built developments within Burton. There is no prepared Neighbourhood Plan for Wychnor. A Settlement Area. The LA state that the proposal is outside a settlement boundary but are not able to produce evidence of adopted lines within Wychnor. The LA removed settlement boundary lines “two Local Plans ago” (Corinne O’Hare Neighbourhood Policy Officer). Neighbouring Barton (Barton under Needwood) does have established settlement boundaries which have recently been manipulated in order to allow expansion of residential areas. This is not to say that such action is not justified but the LA is subjective where appropriate in argument and seemingly objective where convenient. Appendix 1 and Appendix 6. This appeal for development will respond to demonstrate: Validity in association with neighbouring areas of LA recognized sustainability. In Barton (ESBC) and Alrewas (Lichfield District Council) That it will not harm the countryside or local heritage. That the site can be reasonably considered as brownfield. 2 That the site can rationally be considered as being within an existing and well established settlement boundary. That there is a building line established by development from 12th Century St. Leonard’s Church, later with St. Leonard’s House and quite recently garages and stabling for St. Leonard’s House. That there is engagement with and through close proximity, has benefit of shopping, education, social activities, employment, trunk roads, motorways and railway links. That the proposal is well designed, in keeping and in scale with its location and sensitive to the character of the countryside and local distinctiveness. That the proposal is innovative, of high quality design and respectful to its surroundings. That the site is not remote and the proposed dwelling will not be isolated. That is questionable whether ESBC and the PO, using delegated powers, have taken a positive and dispassionate approach, considered the application in proactive deliberation and assessed the proposal in context. Appendix 7 examines a substantial housing development in Barton. The purpose is not necessarily to question the decision of the LA but to highlight anomalies and inconsistencies in approach to decision making and whether Design Guides were respected. BACKGROUND. The planning application P/2016/01175 was determined by delegated powers within the statutory period. There were no responses from consultees i.e. Staffordshire Highways, Crime reduction, Staffordshire Wildlife, Archaeology, Local Ward Members or Parish Council. There was one letter of objection from a local neighbour but the PO determined that no harm to residential amenity would result. The PO assessment cites DP’s and sections of the NPPF but cherry-picks portions without regard for the whole of the Design and Access Statement, Heritage Statement and visual aids in other documents. There is great regard, by the applicant, for the adjacent Scheduled Monument. Due to the nature of the Delegated Report this Statement of Case has to be a fairly exhaustive response to quoted SP’s, DP’s and sections of the NPPF. SP1 Approach to Sustainable Development. Staffordshire Highways have not objected to the proposal. The site has good links to the strategic highway network. Via A38 to the north the A50 links M6 north to the M1 and M42. Via the A38 to the south the M6 Toll links M6 south/north. A38 south links with A38M to Birmingham. It is both convenient and safe to walk or cycle to larger neighbouring communities of Barton under Needwood and Alrewas. Geographically Alrewas is the nearest community and can be reached by picturesque towpath. Once on the towpath there is a casual walk of about 15 minutes and cycle 5 to 7 minutes. St.Leonard’s Church, Wychnor is clearly visible from Church Road, Alrewas. Appendix 2 Although Alrewas is within Lichfield District Council residents of Wychnor have an affinity with Alrewas which supports a medical centre, primary school, 3 pubs, general store, post office, pharmacy, café, dentist, butcher, fish & chips, Chinese takeaway, Indian Restaurant and an undertaker! 3 Whilst it is recognized that having ownership of a car is an advantage if living in Wychnor, many residents living in substantial local communities like Fradley, Barton and particularly Burton are also car owners. Those not within comfortable walking distance of amenities and especially those living in fringe areas, and there are many, use their car. Have ESBC conducted a survey of how many people in Burton walk or cycle to Tesco, Sainsbury or Morrison to shop for groceries or B&Q, PC World and so on, the cinema, hospitals, medical centres, schools, restaurants, pubs etc? There are alternatives like on line shopping and taxis. As an example, a taxi trip for two persons travelling from Alrewas (add £2 for Wychnor) to Lichfield City is £8. Bus fare for two is £8. Buses are not frequent and services were further reduced last year. The applicant who lives in Wychnor can walk their dog visit Alrewas and include other activities. Bridge + towpath from Alrewas Cottages next to site St. Leonard’s Wychnor. Beautiful walk from Wychnor to Alrewas. The design does integrate with the character of the landscape and the building materials will reflect and respect the historic locality. The design and setting protects the occupiers of residential properties nearby (acknowledged by the PO), through design and landscaping. The proximity of the archaeological asset is entirely acknowledged within the DAS + HS. Reference is made to former buildings on the site and whilst investigation can be covered by a condition of planning, ESBC are aware that with the exception of the excavation for strip footings, a soak-away and rain water harvesting the site levels and ground generally will remain undisturbed. The plan prepared by Historic England for the Scheduled Monument excludes the proposed site. 4 The design proposals incorporate energy efficient considerations and renewable energy technologies. It will be developed by flood risk and drainage problems and will include Sustainable Urban Drainage Systems. Incorporation is described in the DAS. The development does not harm biodiversity but rather enhances it (Forest Research) Appendix 3 Existing trees will be retained. The whole of the frontage onto Church Lane will be devoted to wild flowers in open space. There is no intension to intrude with any type of urban or sub-urban landscape gardening. The proposals also continue the open nature of the site which is visible from public accessible space. Does not harm viability of existing facilities or businesses. Offers contribution of housing mix and types. Would use locally sourced construction materials and labour wherever practicable. Bricks and roof tiles would be recycled materials. Does not affect agricultural land. SP2 Settlement Hierarchy + SP8 Development Outside Settlement Boundaries. The issue of settlement boundaries would seem to be the bedrock of the objection from ESBC. ESBC have designated Wychnor as Tier 3 ‘a settlement within open countryside’. In Wychnor, various settlement areas are now without drawn boundary lines. Two location plans ago marked boundaries were