Major Application Cttee: 02/10/13 Item No. 1 Application no: 13/00897/OUT For Details and Plans Click Here Site Address Harwood Paddock Woolton Hill Newbury Hampshire Proposal Outline planning permission for up to 67 residential dwellings to include access Registered: 24 June 2013 Expiry Date: 10 October 2013 Type of Outline Planning Case Officer: Katherine Miles Application: Application 01256 845249 Applicant: Catesby Kler Land Agent: Ms Rebecca Fenn-Tripp LLP Ward: East Woodhay Ward Member(s): Cllr Clive Sanders Parish: EAST WOODHAY OS Grid Reference: 443425 162227 CP Recommendation: It is RECOMMENDED that subject to no new material objections being made as a result of the Departure notification (expiring 11 October 2013), the applicant be invited to enter into a legal agreement (in accordance with the Community Infrastructure Levy Regulations 2010 and Saved Policies C1, C7, C9 and A2 of the Basingstoke and Deane Borough Local Plan 1996-2011) between the applicant and the Borough and County Councils to secure contributions towards local infrastructure improvements towards: Basingstoke Environmental Strategy for Transport Education Affordable housing Off-site enhancement of Playing Fields Provision of or contribution towards a local area of equipped play (LEAP) Off-site enhancement of community facilities On site provision of a kickabouts and areas of accessible natural green space On site provision of Percent for Art Provision of allotments within the Parish of East Woodhay A Landscape Management Plan 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 the Planning and Development Manager be delegated to grant planning permission subject to the conditions listed at the end of this report 1 of 213 Reasons for Approval 1. The proposed development would deliver housing development in accordance with the Borough's Land Supply requirements. The proposal therefore accords with the provisions of the National Planning Policy Framework March 2012. 2. Whilst the proposed development would constitute major development within an Area of Outstanding Natural Beauty, given the contained nature of the site together with retention of existing boundary vegetation and associated new landscaping, the proposal would preserve the landscape character and scenic quality of the area and as such would accord with the National Planning Policy Framework (March 2012) and Saved Policy E6 of the Basingstoke and Deane Borough Local Plan 1996-2011. 3. 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. 4. The proposal would conserve the biodiversity value and nature conservation interests of the site and would respect the environment for trees of high amenity value and as such the proposal would comply with the National Planning Policy Framework (March 2012) and Saved Policies E1, E6 and E7 of the Basingstoke and Deane Borough Local Plan 1996-2011. 5. The proposed development would respect the character of its surroundings as demonstrated through the Design and Access Statement and illustrative masterplan as such complies with the National Planning Policy Framework (March 2012) and Saved Policies E1 and E6 of the Basingstoke and Deane Borough Local Plan 1996- 2011. 6. The proposed development would respect the environment of trees of high amenity value and as such would comply with the Council's Landscape and Biodiversity Supplementary Planning Document and Saved Policies E1 and E6 of the Basingstoke and Deane Borough Local Plan 1996-2011. 7. The proposed development would provide affordable housing to meet an identified need within a rural area. As such the proposal would comply with Government guidance contained within the National Planning Policy Framework (March 2012); Saved Policy C2 of the Basingstoke and Deane Borough Local Plan 1996-2011 and the Council's Affordable Housing Supplementary Planning Document. 8. Through the provision of a Section 106 legal agreement the development will provide adequate infrastructure to mitigate the impact of the development. The development therefore complies with Saved Policies C1, C7 and C9 of the Basingstoke and Deane Borough Local Plan 1996 - 2011, the Community Infrastructure Levy regulation 2010 and Hampshire County Council 's adopted Transport Contributions Policy (September 2007). 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. Additional information has been received in support of this planning application and consequently further consultation was undertaken for 14 days, commencing 2 September 2013. 2 of 213 Planning Policy The site is located within the countryside and lies outside, but immediately adjacent to the Settlement Policy Boundary of Woolton Hill. The site lies within the North Wessex Downs Area of Outstanding Natural Beauty (AONB) and there are a number of trees along the northern boundary covered by a Tree Preservation Order (TPO). The proposed development is located in Flood Zone 1 (low probability) and the application is accompanied by a Flood Risk Assessment (FRA) given that the development site is greater than 1ha in size. 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. The following sections of the NPPF are of particular relevance: 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 8: Promoting Healthy Communities Section 10: Meeting the challenge of climate change, flooding and coastal change Section 11: Conserving and Enhancing the Natural Environment Adopted Local Plan 1996 - 2011 (Saved Policies) 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, whilst 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. The following saved policies of the Local Plan are considered to have a limited degree of conflict with the NPPF and therefore it is right that some weight be attached to them in decision making: Location of Development Policies: D5 (Residential and other Development within Settlements) and D6 (New Residential Accommodation in the Countryside) 3 of 213 Environment Policies: E1 (Development Control); E6 (Landscape Character) and E7 (Nature/Biodiversity Conservation) Social/Community Policies: C1 (S106 Contributions); C2 (Affordable Housing); C3 (Housing Mix); and C9 (New Leisure Facilities or Open Spaces) Accessibility and Infrastructure Policies: A1 (Car Parking); A2 (Encouraging Walking, Cycling and the Use of Public Transport); A3 (Infrastructure Improvements); and A7 (Water and Sewerage Infrastructure) Emerging Local Plan The Council is responsible for the development of planning policies which guide and shape future development in the Borough and in this regard a draft Local Plan, endorsed by Full Council in July 2013, is currently out for Public Consultation. Paragraph 216 of the NPPF states: “From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to: the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given); the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and the degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given).” It should be noted that the application site is listed as a Category 2 site in Version 7 of the Strategic Housing Land Availability Assessment (SHLAA) 2013, (reference WHILL002). The SHLAA states that “the site it is not considered to be suitable for strategic allocation, however it may