Planning Committee 18 January, 2018 WD/D/17/000035 Application Number: WD/D/17/000035 Outline Registration Date: 11 May, 2017 Application Site: LAND TO EAST OF WYND CLOSE, WEST STAFFORD Proposal: Outline application for erection of 10no. dwellings with associated parking, access & landscaping Applicant: West Stafford LVA LLP Ward Members: Cllr R Freeman Case Officer: David Hodges 1. Summary Recommendation 1.1 Refuse for the reasons in 15.1 below. 2. Description of development 2.1 Site is currently an agricultural field extending to 0.39ha on the eastern edge of West Stafford. The site lies due east of Wynd Close and currently consists of an open field which slopes gently down from south to north. The northern boundary of the site adjoins a small burial ground enclosed by hedges, beyond which is the lane leading east from the village towards Talbothays. 2.2 To the west is Wynd Close, a short row of semi-detached properties which front towards the site, which ends as a cul-de-sac by the mainline railway and continues under the railway as a public footpath. There is also an existing public footpath running SW-NE which forms the southern boundary of the site. The site is generally open but is enclosed on its western side by a well-defined hedge and bank adjacent to Wynd Close. 2.3 Proposal is to develop the site for 10 dwellings. This would be a density of approximately 25 dwellings per hectare. The application is in outline with approval for the access point sought at this time. All other matters of layout, scale, appearance and landscaping reserved for future approval. The application is accompanied by a plan showing the planned access point accompanied by an indicative layout of the proposed dwellings. On this plan the dwellings are shown as a mix of semi-detached and detached dwellings served via an access from Wynd Close with the public footpath retained along the southern boundary. 2.4 West Stafford does not have a Defined Development Boundary. It is however one of the villages with +200 population listed on p.76 of the Local Plan. Therefore the site lies in open countryside for the purposes of the Local Plan and Policy SUS2 in particular. The site lies within 5km of protected heathlands and a groundwater source protection zone. The site lies within a mineral safeguarding area and a contaminated land site buffer. The wider area is within the Crossways Gravel Plateau Landscape Character Area. 2.5 The boundary of the West Stafford Conservation Area runs alongside part of the western and northern boundary of the site before running alongside the lane to Talbothays to enclose the listed gateposts and former entrance to West Stafford Manor, north-east of the site. The grade II listed village hall is approximately 65m from the site and 1 – 2 Chestnut Cottages at the junction of Wynd Close are identified as important local buildings in the adopted West Stafford Conservation Area Appraisal. In addition, from the site the listed Talbothays Lodge – designed by Thomas Hardy – is visible across the intervening fields. 2.6 The application has been amended during its consideration to move the proposed access point in response to concerns over the impact of the originally proposed access position. A reconsultation exercise on these amended plans has been carried out. 3. Main planning issues · Development outside of Defined Development Boundaries · Housing Land Supply · Affordable housing provision · Housing need · Impact on character & appearance of the area · Impact on neighbour’s living conditions · Highway safety · Heritage assets 4. Statutory Consultations Parish Council 4.1 Objection:- A survey was carried out within the village of West Stafford to assess the merits of the proposed application. There was a very good response to the survey with 69% rejection and 17% in agreement The remainder being undecided. The main considerations for rejection were :- 1. The proposed development falls outside the development boundary for the village – ref WDDC Local Plan on the 6th November 1998, OS copyright NC/01/537. 2. The proposed development area is designated as “Agricultural Land” and approval would set a dangerous precedent. 3. The Southern Water Pumping Station was designed prior to the development of Floyers Field and the Paddock developments a total of 20 houses. It is working at its total capacity. 4. Access to Wynd Close is on a very dangerous bend and with no pavements in the village would be extremely hazardous for children walking to the School Bus Stop. 5. The development would in no way enhance the village and would have an adverse effect on the quite adjacent burial ground. 6. West Stafford does not have the infrastructure to support this development, i.e.: No Shops, No Bus Service, Doctors Surgery and narrow winding roads. 7. The Ecological survey was carried out in late October 2016, when all wild life had hibernated making it completely inappropriate. As a result of this survey Knightsford Parish Council would strongly oppose the application. It is regretted that the issues raised by individuals and the KPC comments to the earlier application have not been addressed in this Second Application. These should be taken into consideration when an assessment is made. Highway Authority 4.2 No objection subject to condition re: details of the estate road. 5. Other consultations 5.1 Natural England: Issues concerning designated heathland sites: The application site lies in the vicinity (within 5 km and beyond 400m) of heathlands that are notified as SSSIs for the special interest of their heathland habitats and associated plant and animal species. The SSSIs are part of the Dorset Heathlands Special Protection Area (SPA) on account of rare or vulnerable heathland bird species and are also part of a Ramsar site on account of rare or vulnerable heathland wetlands and associated rare wetland species. They are additionally part of the Dorset Heaths Special Area of Conservation (SAC) on account of rare or vulnerable heathland and associated habitats and some individual species. 5.2 Where your authority is of the view that the proposal is liable to pay CIL or to make the appropriate mitigation contribution, Natural England objects to this proposal unless the applicant makes the necessary contribution required by your authority as well as the necessary SAMM contribution through a legal agreement. The contribution is necessary to deliver the agreed avoidance/mitigation set out in the SPD in accordance with the levels and procedures for this contribution. 5.3 Issues concerning other designated sites: The application site also lies close to River Frome SSSI. Based on the information provided, Natural England has no objection to the proposed development in relation to this designated site subject to the proposal being carried out in strict accordance with the details of the application. The reason for this view is that we consider that the proposal will not have a significant effect on the interest features of this designated site. 5.4 Issues concerning protected species: Natural England acknowledge the submission of a Biodiversity Mitigation Plan and Ecological Assessment as part of this application, though it is noted that these are based on the previous submission for the site. As such Natural England advise that your authority require that a revised Biodiversity Mitigation Plan is submitted and that any permission is subject to a condition to implement said Biodiversity Mitigation Plan, once it has been approved by the Dorset County Council’s Natural Environment Team (NET). Provided the Biodiversity Mitigation Plan has been approved by the DCC NET Team and is made a condition of any permission then no further consultation with Natural England is required. 5.5 Dorset County Council Natural Environment Team: A Certificate of Approval for a revised Biodiversity Mitigation Plan dated 23rd July 2017 has been issued today for the above planning application. 5.6 Dorset County Council Rights of Way: Please note that the proposed works directly affect Footpath 1, West Stafford as shown on the enclosed plans, and I strongly advise that the conditions below are included in any planning approval: • The footpath must be diverted by legal order and that order must be confirmed before any works obstructing the path are commenced. If the path is obstructed in the absence of such a legal order this department will carry out enforcement action as deemed appropriate. • The Definitive line of the footpath not the walked line will be obstructed by the proposed building works. 5.7 Dorset County Council Minerals Planning Authority: The Design & Access Statement accompanying the application is comprehensive in its assessment of planning policies within the District Local Plan, and indeed mentions the ‘gravel plateau’ on this site (para 4.3). However, the D&A statement makes no reference to the Bournemouth, Dorset and Poole Minerals Strategy 2014 (the Minerals Strategy 2014) which forms part of the Adopted Development Plan for Dorset Local Authorities (para 6.5). The proposed development site lies largely within the Mineral Safeguarding Area as designated in the Minerals Strategy 2014. Policies SG1 and SG2 of the Minerals Strategy 2014 are applicable in this instance. No information is provided on whether there is any mineral underlying the site, or if there is what the quality of the mineral is. This information can be obtained from the site investigation work done to prepare for building works. 5.8 Given the size of the site, the Mineral Planning Authority accept that it would be unreasonable to require prior extraction, with removal of mineral from the site, prior to commencement of built development. However the Mineral Planning Authority is under a statutory duty to avoid unnecessary sterilisation of minerals and it is considered that there are other options for using/re-using some of the mineral that may underlie the site – for example, mineral removed as part of site preparation can potentially be re-used on-site as part of the overall development.