Major Application Cttee: 2 December Item No. 1 2015 Application no: 15/02708/OUT For Details and Plans Click Here Site Address Land To The North Of Sherfield Road Bramley Hampshire Proposal Outline application for residential development of up to 50 dwellings, including affordable housing with associated access, highway works, drainage works (SUDS), public open space, landscaping and any other associated infrastructure with all matters reserved except for means of access Registered: 3 August 2015 Expiry Date: 9 November 2015 Type of Outline Planning Case Officer: Patricia Logie Application: Application 01256 845457 Applicant: Gleeson Agent: Miss Sophie Lucas Developments Limited Ward: Bramley And Ward Member(s): Cllr Chris Tomblin Sherfield Cllr Nicholas Robinson Parish: BRAMLEY CP OS Grid Reference: 465982 159319 Recommendation: The application be APPROVED subject to no additional adverse material planning representations being raised prior to the expiry of the publicity period and the applicant being invited to enter into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Saved Policies C1, C2 and C9 of the Basingstoke and Deane Borough Local Plan 1996- 2011) between the applicant and the Borough and County Councils to secure: 40% of the units to be affordable Landscape Management Plan Secure on site open space Secure on site play area/recreation Off-site financial contributions towards; Contribution towards Community Facilities Contribution towards Education Contribution towards Playing Fields Should the requirements set out above not be satisfactorily secured, then the Planning and Development Manager be delegated to REFUSE permission for appropriate reasons. On completion of the legal agreement and the expiry of the publicity period the Planning and Development Manager be delegated to grant planning permission subject to the following conditions: 1 of 119 Reasons for Approval 1. The proposed development would deliver housing development, including affordable housing, in accordance with the Borough's Land Supply requirements. The proposal therefore accords with the provisions of the National Planning Policy Framework March 2012 in relation to housing supply and Saved Policy C2 of the Basingstoke and Deane Borough Local Plan 1996-2011. 2. The proposed development would provide safe access in accordance with highway requirements, and as such would accord with the National Planning Policy Framework March 2012 and with Saved Policies E1(iii) and A2 of the Basingstoke and Deane Borough Local Plan 1996-2011. 3. The proposed development would have an impact on the landscape character and scenic quality of the area but the mitigation measures proposed result in a scheme that balances landscape character and scenic quality whilst delivering housing development. The proposal therefore complies National Planning Policy Framework (March 2012) and Saved Policy E6 of the Basingstoke and Deane Borough Local Plan 1996-2011. 4. The proposed development would have no adverse harm on the setting of the Bramley Green Conservation Area. The proposal therefore complies National Planning Policy Framework (March 2012) and Saved Policy E3 of the Basingstoke and Deane Borough Local Plan 1996-2011. 5. The proposed development would have an impact on local biodiversity but the mitigation measures proposed result in a scheme that would conserve the biodiversity value and nature conservation interests of both the site, whilst delivering housing development. The proposal therefore complies National Planning Policy Framework (March 2012) and Saved Policy E7 of the Basingstoke and Deane Borough Local Plan 1996-2011Biodiversity 6. Through the provision of a Section 106 agreement the development will provide adequate infrastructure to mitigate the impact of the development in relation to community provision, open space, affordable housing, playing fields, play /recreation and education. The development therefore complies with the National Planning Policy Framework (March 2012); Saved Policies C1, C2 and C9 of the Basingstoke and Deane Borough Local Plan 1996 - 2011; the Community Infrastructure Levy Regulation 2010; the Council's adopted Supplementary Planning Document on Affordable Housing; Hampshire County Council ‘s adopted Transport Contributions Policy (September 2007); Hampshire County Council's Developers’ Contribution towards Children's Services Facilities and the Council's Interim Planning Guidance on S106 Planning Obligations and Community Infrastructure (July 2005, updated April 2010), Adopted Green Space Standards (adopted April 2013) General comments This application has been brought to the Development Control Committee, in line with the scheme of delegation, due to the number of objections received. Planning Policy The site is located within the countryside, adjacent to the Settlement Policy Boundary of Bramley. 2 of 119 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the Development Plan unless material considerations indicate otherwise. Therefore, alongside the National Planning Policy Framework 2012 (NPPF), this application must be assessed against the Development Plan which comprises the saved policies of the Basingstoke and Deane Borough Local Plan 1996-2011 (BDBLP). The council submitted the emerging Local Plan to the Planning Inspectorate for examination on 9 October 2014. Following an Exploratory Meeting which was held in December 2014 to discuss the Inspector's initial concerns relating to the Plan. On 27 March 2015, Full Council agreed that 850dpa should be used as the annual housing requirement for the emerging Local Plan and for use in determining the borough's 5 year land supply position. Consultation on these proposed main modifications to the submission local plan took place in May/June 2015. The Examination hearings have taken place in October and November (finishing on 11 November) and response from the Planning Inspector is awaited. Paragraph 216 of the NPPF provides guidance on the weight that can be given to relevant policies in emerging plans. Until a response is received from PIN's the weight given to the ELP cannot increase even though the EIP has taken place. National Planning Policy Framework (NPPF) (March 2012) The National Planning Policy Framework (NPPF) sets out the Government's planning policies for England and how these are expected to be applied, and is a material consideration in the determination of this planning application. Decisions on planning applications must be made in accordance with the Development Plan unless material considerations indicate otherwise. For the purposes of decision- taking, Paragraph 211 of the NPPF is clear that the policies within the Local Plan should not be considered out-of-date simply because they were adopted prior to the publication of the Framework. Paragraph 212 is clear that the policies within the NPPF are material considerations which Local Planning Authorities should take into account from the day of publication (27 March 2012). Given that the saved policies of the Basingstoke and Deane Borough Local Plan 1996- 2011 were not adopted in accordance with the Planning and Compulsory Purchase Act 2004 (but were adopted under the transitional arrangements), Paragraph 215 of the NPPF is considered to apply to the current Local Plan. This states: due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework (the closer the policies in the plan to the policies in the framework, the greater the weight may be given to them). This means that full weight cannot be given to the saved policies of the current Local Plan and therefore, in determining applications, consideration needs to be given to the degree of consistency a saved policy has with regard to the NPPF. As detailed below, it is considered that the saved policies of the Local Plan have a limited degree of conflict with the NPPF and therefore it is right that some weight be attached to them in decision making. 3 of 119 The relevant policies of the NPPF will be discussed in greater detail below, however it is considered that the following sections of the NPPF contain policies material to the assessment of this application: Achieving Sustainable Development Core Planning Principles Section 4: Promoting Sustainable Transport Section 6: Delivering a wide choice of high quality homes Section 7: Requiring Good Design Section 11: Conserving and Enhancing the Natural Environment Section 12: Conserving and Enhancing the Historic Environment Adopted Local Plan 1996 - 2011 (saved policies) Policy D5 (Residential and other Development within Settlements) Policy D6 (New Residential Accommodation in the Countryside) Policy E1 (Development Control) Policy E6 (Landscape Character) Policy E7 (Nature/Biodiversity Conservation) Policy A1 (Car Parking) Policy A2 (Encouraging Walking, Cycling and the Use of Public Transport) Policy A3 (Infrastructure Improvements) Policy A7 (Water and Sewerage Infrastructure) Policy C1 (Section 106 Agreements) Policy C2 (Affordable Housing) Policy C3 (Housing Mix) Policy C9 (New Leisure Facilities or Open Spaces) Supplementary Planning Documents and Guidance (SPD's and SPG's) and interim planning guidance Appendices 1-3 Design and Sustainability SPD (Overarching policies); Appendix 5 Design and Sustainability SPD (Construction Statements) Appendix 6 Design and Sustainability SPD (Waste and Recycling) Appendix 7 Design and