PLANNING STATEMENT Residential scheme comprising 5 no. residential dwellings with associated off-street parking, garden space and external landscaping. Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF On Behalf of Landvest Developments Limited May 2017 Our Ref: C17013 250 Avenue West, Skyline 120 Great Notley, Braintree Essex, CM77 7AA 01376 329059 [email protected] www.phase2planning.co.uk Contents Page Executive Summary 1. Introduction 5 2 The Site and Surroundings 9 3 Planning History 10 4 The Proposals 12 5 Relevant Planning Policies 17 6 Consideration of the Main Planning Issues 26 7 Conclusion 41 Executive Summary and Conclusion This proposal is for an infill development which seeks to secure the residential development of 5 no. residential units on underutilised brownfield land and will provide 40% starter homes on site. The starter homes will be sold at a 20% discount to first time buyers and capped in line with the Governments recommendations. The presumption in favour of a grant of planning permission applies in this case for a variety of reasons: a) The inadequacy of the 5 year supply; b) ‘Absent’ provision in Saved Local Plan policies for provision of housing post 2011; c) out-of-date policies; and d) The NPPF requirement that housing applications should be considered in the context of the presumption in favour of sustainable development. Only one of the above needs to be demonstrated for the proposal to be determined in accordance with paragraph 14 of the NPPF for the presumption in favour of development to apply. The effect of applying the presumption is that the planning balance shifts in favour of the grant of consent. The exercise of paragraph 14 of the NPPF requires the decision maker to grant planning permission, unless, having undertaken a balancing exercise there are (a) adverse impacts and (b) such impacts would ‘significantly and demonstrably’ outweigh the benefits of the proposal. The applicant has undertaken this assessment below and concludes that the benefits of the proposal clearly outweigh any disadvantages and therefore the proposal is sustainable development and should be granted permission accordingly. The Application Site is located within the Green Belt however, site is former garden land and is therefore previously developed land in accordance with the High Court judgment in Dartford Borough Council v Secretary of State for Communities & Local Government (CO/4129/2015) which determined that the wording of the exemption to previously developed land, within the NPPF was significant. It reads “land in built-up areas such as: private residential gardens”. As such, the Deputy Judge found that only residential gardens within the “built-up area” were exempt from the definition of previously developed land whereas, residential gardens outside “built up areas” were “brownfield”. Therefore the site is previously developed land and should be the priority for development. The proposal includes 40% starter homes and the Governments National Planning Policy Guidance states that where applications for Starter Homes come forward on such exception sites, they should be approved unless the local planning authority can demonstrate that there are overriding conflicts with the National Planning Policy Framework that cannot be mitigated. The Governments Planning White Papers which sets the direction of travel of Government policy seeks to allow more brownfield land to be released for development by allowing development on brownfield land in the Green Belt, but only where it contributes to the delivery of starter homes and Page 2 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF there is no substantial harm to the openness of the Green Belt. The evidence submitted in this application demonstrates that the proposal will not result in substantial harm. In addition: a) The site is infilling the gap between Murrels Farm residential development, Millrite Mews and the residential units at the Woodman Public House. It would result in limited harm to the Green Belt as a consequence. b) There are no views of openness across the site, the site is screened behind existing trees and hedgerows and the proposal includes strengthening these landscape boundaries, the site will therefore be contained and screened as set out in the Landscape Visual Impact Assessment. The proposed houses to the rear of the site are on lower ground and cannot be seen in the street scene whilst the two to the front complete the building line between the pub and the housing cul-de-sac to the west. c) Providing a new housing development in terms of size and location which will enhance and maintain the vitality of its and nearby rural communities including through increased access and provision to the village’s existing services and facilities assisting in safeguarding their future, as required by the NPPF (paragraph 55). d) The site is screened behind existing trees and hedgerows and will therefore be contained and screened as set out in the Landscape Visual Impact Assessment. e) The proposal cannot be tested against a fully up-to-date Local Plan. f) The development plan system in Epping has failed to make adequate housing provision despite the warning of the Saving Letter from the Secretary of State some 7 years ago. g) The emerging draft Local Development Plan has far to go before its adoption after making an uncertain start. h) The Council will require many more homes than those with planning permission to provide a 5 year housing land supply. i) The proposal meets with The Three Dimensions of Sustainable Development as set out in paragraph 7 of the Framework. j) The proposals, furthermore, provide a positive use for the site which will contribute to housing supply in a district which has a significant need for new homes and no opportunity to increase supply in the short-term other than through beneficial windfalls such as the application site. The Council does not have a five year land supply and has failed to identify and then meet the full, objectively assessed needs for market and affordable housing in the housing market area. Epping Forest will need to boost supply in the near future and that this will inevitably require new homes in the Green Belt. It therefore follows that paragraph 49 of the NPPF applies which seeks: “Housing Page 3 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate as five-year supply of deliverable housing sites”; k) There is harm to the Green Belt by definition but there is limited additional harm; l) The proposals positively enhance the Green Belt through the introduction of new landscaping to enhance visual amenity; and m) The planning system according to the NPPF should be looking favourably on proposals for sustainable development, and to leave this well-connected and unutilised site and develop other more prominent Green Belt land ahead of it, when it can positively contribute to sustainable development both through the economic activity of construction itself and through the fact that 5 homes here means 5 less on the Green Belt elsewhere, fails to embrace the spirit of sustainable development. For all of the above reasons the proposal is considered to be consistent with the NPPF and the Governments direction of travel for policy that is contained in the Planning White Paper currently out for consultation. However should the council come to the view the proposal represents inappropriate development in the Green Belt the applicants case is that the above circumstances comes together and combine to provide “very special circumstances” specific to this site and this proposal. It is considered that the limited harm to the Green Belt is clearly outweighed by these other considerations, and that therefore the test of paragraph 88 of the NPPF is met and planning permission should be granted for this proposal. Page 4 Land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF 1 Introduction Background 1.1 This statement is prepared by Phase 2 Planning and Development Ltd on behalf of Landvest Developments Limited, hereafter referred to as “The Applicant”, in support of a full planning application for the erection of 5 no. dwellings (2 x detached dwellings and a terrace of 3 dwellings) on land adjacent the Woodman Public House, London Road, Stanford Rivers, Ongar, Essex CM5 9QF (hereafter referred to as the Application Site). 1.2 The Application Site comprises a broadly oblong shaped area of land laid to grass with established mature trees and hedging on the northern, eastern and western boundaries. The site lies on the south eastern side of London Road (A113). The description of the development is as follows: “Residential infill scheme comprising 5 no. residential dwellings (40% starter homes) with associated off-street parking, garden space and external landscaping” Purpose and Structure of this Report 1.3 The purpose of this report is to draw together the key planning issues in the consideration of this proposal and outline how the scheme responds to the constraints of the site and the policy guidelines. 1.4 Within section 2.0 of this Statement we will describe the site and surroundings. Section 3.0 will examine the planning history of relevance to this application. Section 4.0 describes the proposals. In section 5.0 we review relevant planning policy applicable to the proposals. In section 6.0 we explore the planning issues of this application. Finally, a conclusion is provided in section 7.0. Planning Application Documents 1.5 The architectural plans that comprise this application have been prepared by DAP Architecture Ltd and are as set out below: Drawing Ref As proposed scheme design plan 715.100.01 Proposed street scene and site section 715.101.01 As proposed house type 715.102.