TEWKESBURY BOROUGH COUNCIL – DEVELOPMENT CONTROL Committee: Planning Date: 17 November 2020 Site Location: Land Off A38 Coombe Hill Gloucester Gloucestershire Application No: 20/00140/OUT Ward: Severn Vale North Parish: Leigh Proposal: Outline application for up to 150 dwellings, associated infrastructure, ancillary facilities, open space and landscaping. Construction of a new vehicular and pedestrian access from the A38 and pedestrian access to the A4019. Report by: Bob Ristic Appendices: Site location plan Indicative site layout plan Land use access plan Building height plan Recommendation: Minded to Refuse 1.0 Purpose of the Report This application was made to the Council on 5th March 2020. Since that date the Council's officers and a number of consultees have tried to work proactively with the appellant, in accordance with guidance set out in paragraph 38 of the NPPF, so that the application could be put into an appropriate condition for presentation to this Committee. However the applicant has decided to lodge an appeal in respect of the application with the Secretary of State (a 'non-determination' appeal) before matters of concern could be fully discussed or resolved. The Council must therefore advise the Secretary of State of its views on the proposals. 2.0 Site Description and Proposal 2.1 The application site comprises a field located to the northeast of the junction of the A4019 and A38 at Coombe Hill and measure approximately 4.9 hectares in area. (See attached location plan) 2.2 To the north of the site is Grange Farm and a dwelling at Fairview, to the south of the site is petrol filling station and convenience store (PFS) and to the east is open countryside and a dwelling at The Bellows, which fronts the A4019. On the opposite side of the A38 to the west, is a former vineyard which adjoins the Swann Inn. 2.3 The site slopes down to the south-eastern corner and is enclosed by hedgerow and tree planting to the northern, eastern and western edges, and a chain-link fence along the southern boundary with the A4019. 2.4 The site is not subject to any landscape designations and is included as a draft allocation in the pre-submission Local Plan (see below). The A38 and A4019 are designated Public transport corridors on the proposals map to the Tewkesbury Borough Local Plan to 2011 (March 2006) and is in proximity to the Coombe Hill Sites of Special Scientific Interest. The application site is also located within Flood Zone 1 as identified on the Gov.uk Flood Maps for Planning. 2.5 The application seeks outline planning permission (with all matters reserved) for up to 150 dwellings, associated infrastructure, ancillary facilities, open space and landscaping. Construction of a new vehicular and pedestrian access from the A38 and pedestrian access to the A4019. 2.6 The application is also accompanied by an Environmental Statement as the proposed development constitutes EIA (Environmental Impact Assessment) development in accordance with the Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations with particular regard to the potential impacts of the development upon designated ecological sites. 3.0 Relevant Planning History Application Proposal Decision Decision Number Date 17/01337/OUT Outline application for up to 40 dwellings, associated Resolution to infrastructure, ancillary facilities, open space and Permit landscaping with vehicular and pedestrian access from A38. All matters (Access, Appearance, Landscaping, Layout and Scale) reserved for future consideration. 18/00173/FUL Land adjacent to the Swan Inn (opposite this site) - Resolution to Residential development comprising 25 no. Permit dwellings, with new vehicular/pedestrian access onto A38, relocation of bus stop, sustainable drainage and Foul Treatment Works and associated landscaping, access and parking. 4.0 RELEVANT POLICY 4.1 The following planning guidance and policies are relevant to the consideration of this application: National guidance 4.2 National Planning Policy Framework (NPPF) and the National Planning Practice Guidance (NPPG). Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (JCS) - Adopted 11 December 2017 4.3 Policies: SP1, SP2, SD3, SD4, SD6, SD8, SD9, SD10, SD11, SD12, SD14, INF1, INF2, INF3, INF4, INF5, INF6, INF7 Tewkesbury Borough Local Plan to 2011 - March 2006 (TBLP) 4.4 Policies: TPT3, TPT6 Tewkesbury Borough Plan 2011-2031 – Pre-Submission Version (October 2019) 4.5 Policies: RES2, RES3, RES4, RES5, RES12, RES13, DES1, NAT1, NAT3, ENV2, RCN1, COM2, COM4, TRAC1, TRAC2, TRAC3, TRAC9 Neighbourhood Plan 4.6 The Parish of The Leigh is a designated Neighbourhood Area and the Parish Council are in the process of preparing a Neighbourhood Development Plan. 4.7 Human Rights Act 1998 - Article 8 (Right to Respect for Private and Family Life) 4.8 The First Protocol, Article 1 (Protection of Property) 4.9 Planning (Listed Buildings and Conservation Areas) Act 1990 5.0 CONSULTATIONS The Leigh Parish Council – Object - Coombe Hill originally recommended to provide 18 dwellings revised up to 76 in TBP - NDP in preparation - 150 houses would be disproportionate to site and settlement - Site specific PSTBP policy ignored - Should be low density development 20dph - Housing estate design would not be in keeping - No mains sewer - Past flooding, SuDS would not cope - Congestion at peak times. proposed M5 J10 works would increase traffic - Local schools oversubscribed - Impact on SSSI - Site is on a prominent ridge sensitive to conspicuous to development Deerhurst Parish Council – Would add to traffic congestion - Insufficient amenities and schools - Impact of surface water drainage Norton Parish Council – Object - Exceeds recommended numbers - Impact of 150 dwellings on environment - Impact of water run-off - Highway safety Natural England – Object as further habitats regulations assessment work is required. Gloucestershire Wildlife Trust – Object - Proposal could have a significant adverse impact on the Coombe Hill Canal Site of Special Scientific Interest (SSSI) and the Severn Estuary Special Protection Area (SPA). County Education – Contributions required towards schools and libraries Highways England – No objection subject to conditions Gloucestershire Highways – No objection subject to conditions Lead Local Flood Authority – Insufficient information has been provided Conservation Officer – No objection subject to restrictions on ridge heights Urban Design officer – Objects as, amongst other things, the layout does not demonstrate satisfactorily that 150 units can be accommodated and achieve a high standard of design. Housing and Enabling Officer – No objection subject to agreeing mix and tenure Environmental Health (Air Quality) – No objection subject to conditions Environmental Health (Noise) – No objection subject to conditions County Archaeologist – No objection subject to conditions Sports England – No objections CPRE – Would contribute to housing numbers - Site is on a ridge and conspicuous - Light pollution should be controlled - Coombe Hill Nature Reserve should be protected Stagecoach West – Support application, Coombe Hill is exceptionally well endowed with public transport choices with frequent bus services. Severn Trent Water – No objections subject to condition Wales and West Utilities – No objections Ecological Adviser – Further information required 6.0 Publicity and representations 6.1 The application has been publicised through a press notice and the posting of a site notice for a period of 21 days. 26 representations have been received in response. The comments raised are summarised below: - Contrary to emerging Borough Plan Policy - Increased traffic, crossing will add to congestion - Increased air pollution and noise pollution - Increase flood risk - Discharge would be faster than greenfield site - Light pollution from street lights - Impact on nature reserve, increased visitors/dog walkers will impact ground nesting birds - Nature reserve and SSSI proposed as open space for development - Hedgerow would be removed and should be retained - Landscape harm - site is visually sensitive to development - Detrimental to amenity and surroundings, overlooking - Poor quality design, urban character and density of 32 dph inappropriate for the area - Houses would be between 10.5 and 12.5 metres in height - 25 dwellings already permitted and meet local demand - 300% increase in village - Would impact social cohesion and village character - No local facilities - Lack of sewage provision - No recreation provision - No renewable energy provision wind/solar 7.0 POLICY CONTEXT 7.1 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. Section 70 (2) of the Town and Country Planning Act 1990 provides that the Local Planning Authority shall have regard to the provisions of the Development Plan, so far as material to the application, and to any other material considerations. 7.2 The Development Plan currently comprises the Joint Core Strategy (JCS) (2017), the saved policies of the Tewkesbury Borough Local Plan to 2011 (March 2006) (TBLP), and a number of 'made' Neighbourhood Development Plans. The Parish of The Leigh is a designated Neighbourhood Area and the Parish Council are in the process of preparing a Neighbourhood Development Plan. However the NDP policies are yet to be published and have not been out to consultation. 7.3 The Pre-Submission Tewkesbury Borough