Land at Brownside Road, Worsthorne Appeal by Seddon Homes Ltd and H&F Eccles and Son PINS Reference: APP/Z2315/ W/17/3173214 Planning Hearing Statement Land at Brownside Road, Worsthorne Appeal by Seddon Homes Ltd and H&F Eccles and Son PINS Reference: APP/Z2315/W/17/3173214 August 2017 Indigo St James’ Tower 7 Charlotte Street Manchester, M1 4DZ T 0161 836 6910 E [email protected] W indigoplanning.com Land at Brownside Road, Worsthorne Appeal by Seddon Homes Ltd and H&F Eccles and Son PINS Reference: APP/Z2315/W/17/3173214 Contents Page 1. Qualifications 1 2. Introduction 2 3. Site and Proposed Development 4 4. The Development Plan 7 5. National Planning Policy Framework 12 6. Sustainability 14 7. Development Benefits 17 8. Planning Justification 20 9. S106 Contributions / Unilateral Undertaking 30 10. The Planning Balance 31 Land at Brownside Road, Worsthorne Appeal by Seddon Homes Ltd and H&F Eccles and Son PINS Reference: APP/Z2315/W/17/3173214 Appendices Appendix 1 Supreme Court Judgement (Suffolk Costal District Council (Appellant) v Hopkins Homes Ltd and another (Respondents) Richborough Estates Partnership LLP and another (Respondents) v Cheshire East Borough Council (Appellant) Appendix 2 Worsthorne-with-Hurstwood Parish Council Neighbourhood Plan Area Application Letter Appendix 3 Viewpoint Story Boards Page 1 1. Qualifications 1.1. My name is Doug Hann and I am a main board Director at Indigo Planning Limited, and head of its Manchester office. I hold a Bachelor of Arts Degree in Geography, a Masters in Town Planning and a Masters in Business Management. I am a member of the Royal Town Planning Institute (RTPI). I have over 21 years of experience in planning practice, in both private consultancy and local government having previously worked in policy, regeneration and Development Control at Salford City Council. 1.2. Both Indigo generally and I specifically have considerable experience in providing development planning advice to a varied group of clients with development interests in an equally diverse range of land uses. I have considerable experience in advising on a range of large scale development proposals, including those involving housing. 1.3. My personal experience relevant to this appeal extends to providing advice on residential schemes both at Development Plan Inquiries (and EiPs) and at Planning Inquiries in respect of applications/appeals made under Section 77 and 78 of the Town and Country Planning Act 1990 (as amended). 1.4. My experience of residential planning matters is considerable, and I have been involved in significant residential schemes across the country. I have a detailed understanding of national and development plan policy in respect of land use planning and five year housing land supply matters raised as part of this appeal. Brownside Road, Worsthorne rpt.080..18220002 Indigo on behalf of Seddon Homes Ltd and H&F Eccles and Son Page 2 2. Introduction 2.1. This Hearing Statement has been prepared on behalf of Seddon Homes Ltd and H&F Eccles and Son (the Appellant). It is submitted in support of an appeal against the refusal of application APP/2016/0416 by Burnley Borough Council (the Council) for residential development at land at Brownside Road, Worsthorne (the site). 2.2. The application as originally submitted was in outline with all matters reserved except for means of access for the erection of up to 47 dwellings. During the determination period the application was amended and reduced to up to 39 dwellings (further details set out in Section 3). 2.3. The application was refused by Planning Committee on 23 March 2017. The reason for refusal is: “Approval of this application would lead to the inappropriate creation of new dwellings in the rural area of Burnley without sufficient justification, creating visual harm and an unacceptable coalescence between the urban boundary of Burnley and the urban boundary of the village of Worsthorne. The development of the site in principle would therefore not be in accordance with the NPPF presumption in favour of sustainable development. Approval of this development in principle would therefore be in conflict with Burnley Local Plan Policies GP2 and E27, as well as the NPPF which among other matters required the protection and enhancement of the Borough’s distinctive countryside, and the protection of the setting of urban and rural settlements”. 2.4. The reason for refusal identified that the development is contrary to the NPPF and policies GP2 and E27 of the Burnley Local Plan. It follows that the Council accepts that there is no conflict with any other relevant policy of the development plan given that they must specify all policies relevant to the decision in the reason for refusal (article 35 (1) (b) of the Town and Country Planning (Development Management Procedure) (England) Order 2015). 2.5. The evidence presented as part of this appeal is in three statements: • This Statement addresses planning policy, the weight to be afforded to policy, the reason for refusal and material considerations. It concludes with the planning balance; • A Housing Land Supply Statement which concludes that the Council cannot demonstrate a five year housing land supply; and • A Landscape Statement prepared by Randall Thorp on landscaping matters. 2.6. The Appellant and Council are close to agreeing a Statement of Common Ground (SoCG) Brownside Road, Worsthorne rpt.080..18220002 Indigo on behalf of Seddon Homes Ltd and H&F Eccles and Son Page 3 on planning and housing land supply matters and this will be submitted to PINS in due course. Brownside Road, Worsthorne rpt.080..18220002 Indigo on behalf of Seddon Homes Ltd and H&F Eccles and Son Page 4 3. Site and Proposed Development The Site 3.1. The site immediately adjoins the eastern boundary of Brownside and constitutes greenfield land comprising grassed fields. It extends to an area of 1.5 hectares (ha). 3.2. The site is extremely well related to existing development, with the Brownside Road residential estate adjoining the entire western boundary of the site and extending northwards directly opposite on the other side of Brownside Road. The proposal is a logical extension at the settlement edge which rounds off the settlement. 3.3. Site topography slopes from east to west, varying in level across the site from its highest point in the east to the lowest point in the north western corner adjacent to Brownside Road. 3.4. Access to the site will be taken off Brownside Road on the northern boundary of the site. 3.5. Whilst there are a number of trees and groups of trees along the site boundary, only one tree remains within the site (based on the revised site area). The tree is a Category U tree. As it is a dead tree it is recommended for removal. Surrounding Area 3.6. The northern boundary of the site is bounded by Brownside Road. Beyond which the Brownside Road housing estate extends northwards. 3.7. Adjoining the eastern boundary is agricultural grazing land with the playing field associated with Worsthorne Primary School further to the east. The village centre of Worsthorne lies eastwards when travelling along Brownside Road and contains several local services and facilities including Worsthorne Primary School, Village Hall, Newsagents, church and pub. 3.8. Agricultural fields are to the south of the site, with residential development lying to the west. 3.9. The site can provide new homes at a sustainable location and still maintain the gap between Brownside and Worsthorne with agricultural land between and open and distant views to surrounding hills on both sides of Brownside Road. It also has good public transport links with Burnley. Proposed Development 3.10. The application site as originally submitted extended to 2.4 ha and proposed the erection of up to 47 dwellings across a developable area of 1.97ha alongside an area of public open Brownside Road, Worsthorne rpt.080..18220002 Indigo on behalf of Seddon Homes Ltd and H&F Eccles and Son Page 5 space (POS) extending to 0.43ha. 3.11. The description of development on the submitted application form was as follows: “outline planning application for residential development with all matters reserved except for means of access at land off Brownside Road, Brownside”. 3.12. During the determination period and following a meeting on site between Randall Thorp Landscape Architects and the Council (Graeme Thorpe from Development Management and Pete Milward Planning Policy) on 8 December 2016 to discuss the potential visual impacts of the submitted scheme, amendments were made to the proposal to address comments raised by the Council. 3.13. Revised plans were submitted on 23 January 2017. The proposed scheme was reduced to 39 dwellings across a reduced developable area of 1.4ha. Overall the site area was reduced by 0.4ha to 2ha. 3.14. Key changes made to the proposed scheme were: • Reduction in dwelling numbers from up to 47 to up to 39; • Reduction in the extent of the application site along Brownside Road; and • Pulling back the scheme so that it is does not extend beyond the established housing line of Brownside. 3.15. Following submission of the revised plans, discussions continued with officers and following feedback received at a post-submission meeting on 17 February 2017, further amendments to the scheme were made. 3.16. The additional changes to the scheme relate to the removal of the area of POS along the eastern part of the site. 3.17. Discussions took place with the Planning Officer and Head of Green Spaces and Amenity and it was agreed that it is acceptable for an off-site contribution to be provided in-lieu of on- site POS given the reduction in scale of development and availability of green space nearby.