PLANNING APPLICATION REPORT Case Officer: Mr Patrick Whymer Parish: Modbury Application Nos: 35/0059/15/F & 35/0465/15/F Agent/Applicant: Applicant: Barton Willmore Ltd Bloor Homes 101 Victoria Street Mr P Talbot Bristol c/o agent BS1 6PU 35/0059/15/F Site Address: Proposed Development Site at SX 655 518, West of Palm Cross Green, Church Street, Modbury Development: Mixed use development on land for erection B1 use building, 93 dwellings, roads, footways and strategic landscaping 35/0465/15/F Site Address: Car park, Palm Cross, Modbury Development: Creation of car park and landscaped area of public open space, associated with adjoining development of 93 dwellings and B1 use building Reason items are being put before Committee: Mindful of the objections and concerns raised by the Parish Council & third parties it is considered appropriate for the merits of this proposal to be considered by the Development Management Committee following a site inspection. Whilst the applications are separate given the clear links between the two it is considered appropriate to consider the applications together. THIS PLAN RELATES TO APPLICATION REFERENCE 35/0059/15/F This map is reproduced from the Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. South Hams District Council. 100022628. 2012 Scale 1 : 5000 D 58.7m 1 A O R THIS PLAN RELATES TO APPLICATION REFERENCE 35/0465/15/F K C A R R A Taormins B Modbury Primary LB School 63.1m Post Car Pk Palm Cross The Manor Coach H Green Kay-Don Billington 63.0m M ano r Ho use H GP The C ottage Ma nor Ho Ma us PALM nor e C Pl otta CROSS Cott ge 11 GP 21 El Sub Sta Sun Terrace This map is reproduced from the Ordnance Survey material with the permissionr nof a Ordnance Survey on behalf of the Controller of Her Majesty's Stationery OfficeB © 6 e Crown copyright. Unauthorised reproduction infringes Crown copyright andh may lead 57.9m to prosecution or civil proceedings. South Hams District Council. 100022628.T 2012 Scale 1 : 1250 e 1 h n T e Recommendation: 35/0465/15/F - Conditional approval subject to the following conditions: 1. Standard time for commencement 2. Completion in accordance with the approved plans 3. Surface water drainage 4. Landscape planting and management scheme 5. Details of hardsurfacing. 35/0059/15/F – delegate to CoP Lead for Development Management to grant, subject to: -the additional works requested by the Natural Environment and Recreation Team -the submission of plans detailing the satisfactory treatment of the area between the employment building and the main road and -the prior satisfactory completion of a S106 Agreement dealing with: 1. Affordable Housing – 30% of the dwellings to be affordable (70% affordable rent/30% intermediate. To be completed and available for occupation before the 50th market dwelling is occupied. 2. Play provision – provision of a locally equipped area of play (LEAP) before the 50th dwelling is completed. 3. Education contribution - £243,517.35 4. School Transport contribution - £ 40,432.00 5. Public open space and SUDS – developer to implement an approved scheme with future maintenance and management, including securing public access in perpetuity to the open space. 6. Securing a LEMP providing full detail of the public open spaces, including on-going management and maintenance in perpetuity 7. Sport and recreation contribution to be used towards the provision of sport and recreation facilities off-site 8. Sustainable travel Vouchers - £250 per household in respect of public transport provision and £50 per household in respect of cycle provision. 9. Travel pack. 10. Setting up Management Company 11. Provision of employment building/land 12. Securing further details regarding the allotment land including details of structures, parking, phasing and allocation. 13. Provision of car parking spaces for the community if the landscaping of the existing car parking area takes place. Note This application is a Departure from adopted Development Plan policies and therefore has been advertised as such Subject to the following conditions: 1. Standard time period for commencement 2. Landscape scheme and implementation 3. Tree/Hedge protection 4. Surface Water Drainage 5. Construction method statement and management plan 6. Development to be completed in accordance with a road and footpath phasing plan 7. Highway works to be completed in accordance with approved details to be submitted to the LPA 8. Parking and Turning details(Residential) 9. Provision of parking (Employment building) 10. Restriction of use for employment building 11. Removal of P for employment building 12. Submission of a stage 2 safety audit 13. Car parking strategy 14. Details of retaining walls/structures 15. Submission of boundary treatments. 16. Development to be undertaken in accordance with the mitigation measures contained within the noise assessment. 17. Measures to be undertaken to address the identified contamination 18. Details of provision of Swift and Barn owl nest boxes. 19. Full details of surface water drainage system including percolation testing 20. Submission of Surface Water drainage details during construction. 21. Sewage disposal details 22. Lifetime homes 23. Use of employment units. 24. Lighting scheme 25. No development to commence until a scheme has been provided to and approved in writing by the LPA setting out the details, including construction details, of a footpath to be provided from the development to the public highway at the Palm Cross to the east of the site. The footpath must be installed, in accordance with the approved details prior to the occupation of any of the dwellings hereby approved or the occupation of the employment building, Key issues for consideration: Given that this proposal includes an area of land outside the allocated site outside the development boundary it is considered that, taking into account paragraph 49 of the NPPF, the initial issue to be considered is whether South Hams District Council can demonstrate a five year housing land supply. If a five year housing land supply cannot be demonstrated, relevant planning policies for the supply of housing should not be considered up-to-date and the key issue is whether the proposal represents sustainable development and if it is, whether there are significant and demonstrable adverse impacts that would outweigh its benefits. Given the issues that have been raised in connection with the application, the potential adverse impacts on the following matters to be considered: Provision of housing Traffic & Access Landscape Neighbouring development Heritage Financial Implications (Potential New Homes Bonus for major applications): It is estimated that this development has the potential to attract New Homes Bonus of about £96,000 per annum, payable for a period of 6 years. Members are advised that this is provided on an information basis only and is not a material planning consideration in the determination of this application. Site Description: The main application site (ref 35/0059/15/F) is an open field on the north western edge of the town of Modbury. The smaller, and adjoining, site comprises of a small car park fronting Barracks Road. Modbury is an attractive small market town with a strong and vibrant local community. It is designated within the Council’s planning policies as a Local Centre; recognising the important role it has to play in serving residents of the town, surrounding communities and visitors to the area. It offers a range of day to day shopping and community facilities, including a primary school, health centre, fire station and community hall (the Memorial Hall). The town also contains a range of offices, light industrial units and art and craft workshops. All of Modbury to the south of the A379 is within the Area of Outstanding Natural Beauty (AONB) and within the setting of Dartmoor National Park. A significant part of the town is designated as a Conservation Area and a Conservation Area Appraisal has been formally adopted by the Council. The Rural Areas DPD identifies the key Local Issues for the town, as documented in a number of sources, including the Modbury Parish Plan (2007), as: Traffic and parking problems; A lack of affordable housing; and The need to provide a town square. The allocation of development sites RA1 and RA2 is meant to address these issues. RA1 is to provide the bulk of the new housing, whereas RA2 is create town square and commercial facilities. The Proposal: Two planning applications were submitted for land at Palm Cross Green. They are for adjoining sites and are interdependent, in that they are linked by the allocation policy RA1. Nevertheless, neither relies entirely on the other. They have both been submitted by Bloor Homes, because there is a desire for a comprehensive approach to the development. They are separate because of land ownership issues and thus the extent of control Bloor Homes has over what happens on the land. The main application (0059/15) proposes a mixed use development, including erection of a B1 use building, 93 dwellings, roads, footways and strategic landscaping. The smaller application (0465/15) is for creation of car park and landscaped area of public open space. The dwellings are primarily two storey and two storey with rooms in the roofspace, there are a small number of three storey blocks mixed within the proposal. The external finish of the dwellings is a mixture of materials found in use in the locality under slate roofs. The proposed commercial building has a more contemporary design and is primarily single storey with a two storey element. Consultations: SHDC Environmental Health: No objection, but note the need for an acoustic fence and for some remediation for a pocket of contaminated land.