Planning Committee
-
07/11/2013
Parish: Bredon
Ward: Bredon 04
Major Application
W/13/01399/OU
Description: Outline planning application for 24 dwellings, access road, car parking,
landscaping and ancillary works.
Site:
Land off, Oak Lane, Bredon
Applicant: G Gray Farms Ltd
Agent:
Date Valid:
CMS Bath Limited
29/07/2013
Expiry Date: 27/10/2013
Grid Ref:
E:392523.3
Member(s):
Cllr Adrian Hardman
.1.
Case Officer:
Gavin Greenhow
Tel:
01386 565369
N:236731.55
Site Description and Details of Proposal
This is an outline application for the erection of 24 no. dwellings (10 no. of
which would be affordable) together with a new access road. All matters are
reserved for future consideration apart from details of access. The site is one
that is allocated for this number of dwellings in the emerging South
Worcestershire Development Plan.
The application site lies on the south side of Bredon and is 1.3 hectares in size.
The site is flat and is currently largely grassed with a few old orchard trees.
There are residential properties on two sides (north and west), a railway line on
the eastern site boundary and open field land to the south.
The proposed access would be from Oak Lane to the west of the site which at
the point where the access is proposed to join it is currently a rough-surfaced
farm track. Oak Lane runs north to Main Street which runs through the middle
of the village. At present there is a gated agricultural access from Oak Lane into
the site.
Since submission of the original application, the applicant has submitted a
revised indicative site layout plan which also revises the proposed housing mix,
proportion of affordable housing and open space. The plan shows one way 24
properties could be arranged around the site. At the time of report preparation,
your Officers were awaiting a further amended plan based on comments we
have made to the agent concerning the indicative layout.
The agent has supplied the following (amended) indicative breakdown for units
within the site:
General Market - 14 units (58%)
- 2 bed houses – 5 no. (21% of the total, 36% of the general market units)
- 3 bed houses – 5 no. (21% of the total, 36% of the general market units)
- 4+ bed houses – 4 no. (17% of the total, 28% of the general market units)
Affordable - 10 units (42%)
- 2 bed houses – 5 no. (21% of the total, 50% of the affordable units)
- 3 bed houses – 5 no. (21% of the total, 50% of the affordable units)
No tenures have been identified for the affordable units.
The applicants have submitted the following documents as part of the
application:
- Planning Statement;
- Design and Access Statement;
- Species Survey;
- Reptile Assessment;
- Tree Survey;
- Flood Risk Assessment;
- Housing Report;
- Landscape Statement;
- Transport Statement;
This application is brought to Committee by reason of it being a major
development and a departure from the development plan. It is the subject of a
committee site visit at the request of Cllr Darby who is the acting Ward member
for the application by the local Ward member, Cllr Hardman, who has declared
a prejudicial interest.
2.
Planning Policies
Wychavon District Local Plan June 2006
Relevant Policies are:
GD1 (Location Strategy)
GD2 (General Development Control)
GD3 (Planning Obligations)
RES4 (Conserving Water Resources)
SR5 (Minimising Car Dependency)
ENV1 (Landscape Character)
ENV6 (Protected Species)
ENV7 (Protection of wider Biodiversity)
ENV8 (Protection of Hedgerows, Trees and Woodlands)
ENV10 (Sites of Archaeological Significance)
ENV18 (Development in Areas of Low and Medium Flood Risk)
ENV19 (Surface Water Run Off)
ENV22 (Contaminated and Unstable Land)
COM1 (Mix of Dwelling Types)
COM2 (Affordable Housing)
COM12 (Provision of Public Open Space)
COM13 (Protection of Open Space and Sport and Recreational Buildings and
Land in Towns and Villages)
SUR1 (Built Design)
SUR2 (Landscape Design)
SUR3 (Parking Provision)
South Worcestershire Development Plan:
SWDP1 - Overarching Sustainability Principles
SWDP2 - Development Strategy and Settlement Hierarchy
SWDP3 - Employment, Housing and Retail Provision Requirement and Delivery
SWDP4 - Moving Around Worcestershire
SWDP5 - Green Infrastructure
SWDP7 - Infrastructure
SWDP14 - Housing Mix
SWDP15 - Meeting Affordable Housing Needs
SWDP20 - Housing to Meet the Needs of Older People
SWDP21 - Design
SWDP22 - Biodiversity and Geodiversity
SWDP25 - Landscape Character
SWDP27 - Renewable and Low Carbon Energy
SWDP28 - Management of Flood Risk
SWDP29 - Sustainable Drainage Systems
SWDP30 - Water Resources, Efficiency and Treatment
SWDP39 - Provision for Outdoor Community Uses in New Development
SWDP59 - Category 1 Village Allocations
SWDP62 - Implementation
National Guidance
National Planning Policy Framework (NPPF)
Circular 11/95: The Use of Conditions in Planning Permissions 1995
Circular 02/99: Environmental Impact Assessment 1999
Circular 06/05: Biodiversity and Geological Conservation 2005
The Planning System: General Principles 2005
Ministerial Statement 'Planning for Growth' 2011
National Planning Policy Framework (the Framework) March 2012
Technical Guidance to the National Planning Policy Framework March 2012
Residential Design Guide SPD (2010)
Water Management SPD (2009)
Developer Contributions Towards Service Infrastructure SPG
Developer Contributions for Education Facilities SPD
Affordable Housing SPG
Development Guide - Developer Contributions to Public Open Space
Planning and Wildlife SPD
Bredon Conservation Area Appraisal
Bredon Village Design Statement
3.
Planning History
84/01047 - Houses, bungalows & roads - Refused
85/00588 - Residential development, roads and sewers - Refused
4.
Consultation Responses
Bredon Parish Council:
The application is identified as a preferred site in the proposed SWDP, and
therefore Bredon PC is not totally opposed to development on this site.
However, following a public meeting on the 19 August, a large number of local
issues have been raised, which we believe need to be addressed prior to any
planning approval being issued. With these in mind, the PC find no reasons to
object to this application, as long as the following points have been addressed:
- there should be a "buffer zone" of a minimum of 10m incorporated into the
plan between the new development and the existing boundary of Bredon Lodge
because the existing properties are occupied by retired elderly people and it is
not suitable to put mixed social housing so close to this boundary. This Buffer
Zone would also provide a natural habitat for local environmental development.
- the access road (Oak Lane) does not appear to have been evaluated by
highways and approved for the use of the additional traffic, both whilst
construction takes place and following the properties' occupation. Furthermore,
previous applications have been refused on access/visibility splays and since
then vehicle ownership in Oak Lane has risen dramatically.
- existing residents highlight the lack of water pressure/inadequate sewage
facilities which need upgrading.
- a gas conversion building in Oak Lane which feeds a large area of Bredon
may need to be moved/protected in the event of major vehicular traffic
accessing this site.
- loss of wildlife;
- school at capacity;
- the transport plan refers to public transport to Pershore of which there is none;
County Highways:
Initial comments:
Recommends that this application be deferred for a number of design reasons
including the following:- the bend in the estate road from the private section of track into the site is too
tight to accord with the County Council's Highway Design Guide. Centre line
radius to be minimum 15m.
- forward visibility around the bend to be a minimum of 17m.
- no details in relation to the residential estate road and its junction interface
arrangements with the agricultural track on the south side.
- insufficient details in relation to widening the maintained section and unmade
section of Oak Lane. Although provision of a new footway on the east side of
Oak Lane, lack of detail especially drainage. Currently a grass verge on the
east side of the road and the provision of a footway with full face kerbing will
have an affect on existing surface water drainage discharge.
- turning heads within the site layout appear to be under-sized to accommodate
a refuse vehicle operated by Wychavon's refuse contractor.
- section of existing footways on the west side of Oak Lane require
improvements to surface treatment, together with one set of tactiles.
- no need for a footway of the south side of the proposed estate road from its
junction with agricultural track to dwelling plot 24. Substitute to a 1m verge.
Delete footway around outside of bend with private track.
- the two car parking spaces within the private forecourt serving plot 12 at the
end of the aisle not acceptable. Distance too far for a vehicle to reverse to
shared driveway.
- kink in carriageway adjacent to plot 24 too severe.
- two car parking spaces serving plot 4. No turning provision. Distance too long
for a vehicle to reverse to estate road.
- bell mouth to be removed serving plots 4 and 2. Vehicular drop crossing over
footway sufficient.
WTS contribution figure at present not available.
Further comments: (following receipt of amended access plans)
Awaited at the time of report preparation.
County Archaeologist:
We were consulted on this scheme as part of the pre-application consultation
and advised on 25 July 2013 that as a minimum a geophysical survey should
accompany the application or be submitted prior to determination. To date this
information has not been submitted.
In line with government policy given in the National Planning Policy Framework,
(paragraph 128), it has been demonstrated that the proposed development
area has potential for unrecorded archaeological remains and that further
information on the nature, extent and significance of any potential assets, is
required. In this instance it is advised that a field evaluation, as required under
paragraph 128 of the NPPF, should be provided before this application can be
determined.
It will be the applicant’s (or their successor in title) responsibility to contract an
appropriate archaeological organisation to undertake the programme of works
as detailed in the brief.
County Education:
If development goes ahead in this area, there will be a need for a contribution
towards local education facilities in accordance with your Supplementary
Planning Document on planning obligations for education facilities.
The contributions required are: 1-bed dwelling - Nil; 2-bed house - £4,905;
3-bed house - £4,905; 4-bed house - £7,358; 2-bed flat/apartment - £1,962,
Affordable housing - Nil
Severn Trent Water Ltd:
No objection subject to the imposition of a condition which requires the
submission/approval of surface/foul water drainage plans before the
commencement of development.
District Council Drainage Engineer:
There are no details of flooding at this location. The details submitted within the
Flood Risk Assessment have been noted. It would appear the ground
conditions are suitable for infiltration methods of surface water disposal as
permeable paving and soakaways are being proposed. Surface water from the
highway will be attenuated before being discharged to a Severn Trent public
sewer. Attenuation will be either from storage basin or underground crates.
District Council Housing Officer:
Initial comments
The applicants are offering 7 new affordable homes on the proposed
development of 24 new homes in total, a contribution of 29.2% of the scheme.
The site falls outside the current settlement boundary and is an allocated site in
the emerging SWDP.
The affordable housing contributions required under both the adopted Local
Plan policy and the emerging SWDP policy are set out below:Local Plan Policy - 30% on-site affordable housing contribution required on
sites proposing 7 units or 0.25 ha whichever is the lower = 7.2, rounded down
to 7 units
Emerging SWDP Policy - Based on the proposed sliding scale, 15+ units would
require an on-site affordable housing contribution of 40% = 9.6, rounded up to
10 units
The evidence of need for the affordable housing is as follows:- Strategic Housing Market Assessment (2011/12) - High needs in the District
with 167 new homes needed each year, (94% rent / 6% intermediate tenure
split)
- Home Choice Plus information (19.08.13) - 319 households with a preference
for living in Bredon who are also in 'significant need'. 6 households with a local
connection (local address) to either Bredon or an adjacent parish: Household
types are: 2 x Family, 2 x Single, 2 x Pensioner/DLA
The proposed mix of property types is set out below:-
"
"
4 x 2 bed house (tenure yet to be agreed)
3 x 3 bed houses (tenure yet to be agreed)
These homes should meet the HCA's Design and Quality Standards including
the latest Code for Sustainable Homes, currently Level 3. The majority of these
homes should be for social rent with a small percentage as an intermediate
tenure providing they meet local affordability levels. The Section 106 legal
agreement will include a cascade mechanism for allocating these homes which
gives preference to local people and if there are insufficient numbers, will widen
out to adjacent parishes and then to the district as a whole.
In the Housing Report, the applicants indicate that they would be willing to vary
the property types as part of the reserved matters to more closely meet the
local housing needs at that time and officers would welcome this opportunity to
negotiate alternative property types as necessary. Subject to negotiation of
the property types and tenures at reserved matters stage, these homes will
help to meet some of the affordable housing need in the local and wider area
and therefore officers have no objections to the proposal.
District Council Community Development Manager:
Refers to the identified the need for increased formal sports provision as
identified in the Norfotf Report. The report clearly identifies a need for a range
of additional facilities requirements, including sports hall provision (equivalent to
24 badminton courts) as well as additional swimming capacity, athletics
facilities, pitch provision and identifying potential enhancements to existing
sporting venues to cope for the increased demand for sporting opportunities
pertinent to this, and other, proposed developments.
In terms of the built sport facilities requirements I recommend that an off-site
contribution of £24,690 would be appropriate in this instance to be used
towards improvements to Bredon Rugby Club.
POS formal sports provision is covered in the Supplementary Planning
Guidance (SPG) for "Developer contributions towards service infrastructure,"
Wychavon District Council, 2003. This highlights minimum requirements for
each of the 3 categories of public open space (POS) - Casual/General,
Children's Play, Outdoor Sports. I note from the submitted proposals that there
is no 'on-site' formal sports provision and as such the table in the SPG showing
the level off-site contributions is applicable. In this case it would be £40,800 to
go towards Bredon Recreation Ground.
I would also like to highlight the references in the SPG relating to art/culture
contributions. In this case I seek a contribution of £1,800 to be used towards a
project led by the District Council but involving the residents of the new
development to aid integration into the established community but will certainly
encompass elements of local history and/or local distinctiveness.
Worcestershire Regulatory Services - Contaminated Land Officer
The current use of the site is agricultural fields, historical maps reveal an
orchard and fruit farm was operating between the late 1800's and the 1950's.
A land contamination phase 1 & 2 study has not been submitted with this
application. If these have not been submitted by the time the application has
been determined please apply full contaminated land planning conditions.
WRS has no objection to the proposed development subject to conditions.
Crime Risk Manager:
Original application:
In principle I have no objection to this land being developed, However I have
some concerns relating to plots 15-18. Is the allocated parking for these plots
the spaces either side of the public open space? If so, why? There is no
ownership. The open space could be reduced and parking put closer to the
appropriate residence. Also, regarding the same residences there appears to
be a strip of land to the rear that is unobserved and insecure.
5.
Representations Received
25 comments received, all of which object to the application.
6.
Representations Made
Policy/principle of development
- site is greenfield/beyond settlement boundary/not in Local Plan/is not
infill/brownfield development;
- there are numerous smaller parcels of land that are more suitable/would
enable phased/spread out development;
- development will set precedent;
- Bredon is intended to remain a small village;
- planning consent has been refused twice on this land for access/safety
reasons;
- there is currently another planning application for housing in Bredon;
- significant development in Tewkesbury may negate need for site;
- no decision should be made on this/any other site until the SWDP has been
adopted;
- scheme does not consider the housing needs of older people;
- Bredon Village Design Statement does not view village as suitable for major
new housing developments;
Design/visual impact
- village identity/character will be lost;
- significance of landscape impact is greater than claimed;
- proposal is over-development in an already over-developed village;
Highways
- Oak Lane is not a suitable access - too narrow/junction with High Street lacks
visibility/high level of traffic already uses junction;
- extra traffic will cause noise/inconvenience/safety risk in Oak Lane/heart of
the village;
- traffic statement ignores existing traffic on Oak Lane;
- concerns about construction traffic/noise/mud/dust/road damage impact;
- will make village facilities in Church Street harder to reach;
Impact on neighbouring properties
- the development is not compatible with adjacent retirement properties;
- access on to Oak Lane for neighbours will become more hazardous;
- views of properties will be affected;
- there should be a landscape buffer zone to retirement complex to north;
- security of existing homes will be put at risk;
Drainage
- no infiltration tests have been carried out on site to confirm if a soakaway will
work;
- concerns over management of proposed attenuation basin;
- site has standing water on it after rain/flooding is an issue;
Ecology
environmental
species
survey/reptile
assessments
are
both
insufficient/conducted on one day only;
- the orchard trees on site could be improved with care;
- report states site is suitable for reptiles/amphibians;
- there is plenty of wildlife present in the area (woodpeckers, badgers, rabbits,
hedgehogs, oyster catchers, slow worms, or detected by the environmental
species report: bats, avian species, amphibians);
- wildlife habitats would be destroyed by development;
Other matters
- infrastructure already overstretched (sewerage/water/school/electricity);
- planning gain is mentioned only in terms of statutory requirements and
nothing further;
- development should entirely fund improved access/sewerage/water
infrastructure on Oak Lane;
- one site will not provide sustainable employment opportunities;
- will destroy agricultural land/ridge and furrow features;
- will impact on local wildlife;
- an archaeological survey should be undertaken to satisfy that this is not a site
of historical interest;
- applicant could encourage cycling by increasing access over his land south of
Bredon;
- storage for wheelie bins should be included in the development;
7.
OFFICER APPRAISAL
The main considerations in the determination of this application are:
- principle of development;
- design and impact upon residential amenity;
- impact on Conservation Area;
- mix of units;
- impact upon landscape;
- impact upon highways;
- impact upon surface water/foul drainage and flooding;
- ecology matters;
- archaeology;
- affordable housing and other financial contributions; and
- other matters.
Background and Policy Framework
The determination of a planning application is to be made pursuant to section
38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read
in conjunction with section 70(2) of the Town and Country Planning Act 1990.
Section 38(6) requires the local planning authority to determine planning
applications in accordance with the development plan, unless there are material
circumstances which 'indicate otherwise'. Section 70(2) provides that in
determining applications 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."
The development plan consists of the saved (Secretary of State Direction , May
2009) policies of the Wychavon District Local Plan and the Worcestershire
Waste Core Strategy. This follows the revocation of the West Midlands
Regional Spatial Strategy and the Worcestershire Structure Plan on 20 May
2013.
Wychavon District Local Plan (WDLP)
The WDLP was adopted in June 2006 and covers the period 1996 to 2011.
Many of its policies were saved under a Secretary of State Direction in May
2009. A number of policies within the plan were not saved.
Saved Policy GD1 of the local plan defines development boundaries for
settlements within the district. The application site lies outside, but adjacent to,
the defined development boundary of Bredon. Policy GD1 also sets out the
location strategy for new development within the district and states that most
new development will be accommodated within the development boundaries of
the main built-up areas of Droitwich Spa, Evesham and Pershore. Within these
areas the policy sets out a sequential preference for previously developed land
then urban greenfield land (which has no significant recreational/amenity value)
and then land, but only at Evesham, adjacent to the development boundary.
Therefore, in this regard, development on this site is not supportive of Policy
GD1 .
There is a high level of consistency between the definitions of sustainable
development set out respectively in the Framework and in the WDLP. As
such, even if the relevant policies for the supply of housing cannot be
considered up-to-date (by reason of the council's housing land supply position
as reported below), the general strategy and the spatial vision that runs from it,
as well as the policies unrelated to the supply of housing, remain relevant and
therefore a material consideration.
Worcestershire Waste Core Strategy (WWCS)
The WWCS was adopted in November 2012 and covers the period 2012 to
2027. Where relevant, policies in the WWCS will be referenced and considered
throughout this report.
Other material considerations
The following publications (amongst others) are materially relevant to the
consideration of this proposal:
- The National Planning Policy Framework (the Framework) March 2012;
- The Draft South Worcestershire Development Plan (SWDP) (submitted to the
Secretary of State for examination on 28 May 2013);
- The evidence behind the West Midlands Regional Spatial Strategy Phase 2
Revision Draft - September 2009;
- The Worcestershire Strategic Housing Market Assessment (SHMA - GVA,
February 2012);
- The Strategic Housing Land Availability Assessment (SHLAA , December
2012); and
- Government Policy - 'The Planning System: General Principles.'
The key principal issue in relation to this case is whether the site should be
granted planning permission at this time in order to meet the district's housing
requirement. Such an approval would be contrary to the adopted local plan
and represent a departure from development plan policy. However, other
material considerations are relevant in the determination of this case which are
set out below concluding with information related to the council's current
housing land supply position.
National Planning Policy Framework (the Framework)
The Framework, which was published on 27 March 2012, confirms that
applications for planning permission must be determined in accordance with the
development plan, unless material considerations indicate otherwise
(paragraphs 2 and 11).
The Framework is in itself a material consideration in planning decisions.
Paragraph 14 introduces a presumption in favour of sustainable development.
This is described as the golden thread running through both plan-making and
decision-taking.
For decision-taking this means approving development
proposals that accord with the development plan without delay; and, where the
development plan is absent, silent or relevant policies are out of date, granting
permission unless 'any adverse impacts of doing so would significantly and
demonstrably outweigh the benefits, when assessed against the policies in this
Framework taken as a whole' or 'specific policies in this Framework (such as
Green Belt, or AONB) indicate that development should be restricted'.
Paragraph 216 of the Framework states that 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).
South Worcestershire Development Plan (SWDP)
In partnership with Worcester City and Malvern Hills District Councils, this
council has prepared a proposed replacement to the adopted local plan. The
SWDP has undergone considerable consultation. The plan was submitted to
the Secretary of State on 28 May 2013 for examination. The emerging SWDP
is a material consideration in the determination of this application and carries
some weight in accordance with paragraph 216 of the Framework.
Stage 1 of the Examination in Public (EIP) finished on 4 October 2013. At this
stage the Inspector is considering whether or not the housing requirement set
out in the plan reflects an objective assessment of the need for market and
affordable housing over the plan period to 2030. Matters relating to the duty to
co-operate and the employment land and retail provision requirement are also
being considered. It is anticipated that a written interim report from the
Inspector will be received by the end of October. A summary of the Inspector's
report and its consequences for housing land requirement and supply will be
presented to the November Planning Committee meeting.
The Inspector's interim view as set out in his report will not carry full weight.
However, it is anticipated that it will provide further clarity in respect of the
appropriate housing requirement and supply for the District .This could
reduce the current weight given to the housing target set out in the revoked
West Midlands Regional Spatial Strategy Panel Report (2009). At the time of
writing this report a cautionary approach is recommended with due weight
given to the advice in paragraph 14 of the Framework in the determination of
this application.
The SWDP Proposed Submission Document seeks to allocate most new
development in locations where there is good access to local services and
where transport choice is maximised. Of the new homes expected to be built
in the district between 2006 and 2030, 13% are planned to be provided as a
result of village allocations. Village locations are put into categories based on
how sustainable they are. The Proposed Submission Document says that
Category 1, 2 and 3 villages are the most sustainable in respect of the provision
of local services. The proposed allocations reflect the extent of local service
provision (as evidenced by the Village Facilities and Rural Transport Study
December 2012), the size of the settlement and the availability of suitable land
(as evidenced by the Strategic Housing Land Availability Assessment December 2012). Development in a Category 1, 2 or 3 village is clearly less
sustainable than it would be in the main towns, but it is more sustainable than it
would be in the lower category (i.e 4A , 4B , Open Countryside ) villages in the
district.
As noted above, the application site is allocated in the submitted SWDP for 24
dwellings.
Evidence Base on Housing Needs
The evidence behind the West Midlands Regional Spatial Strategy Phase 2
Revision Draft - September 2009 provides information on the housing needs for
the district. The evidence supported a higher number than that proposed by
the council's up to date Strategic Housing Market Assessment (February 2012).
In the absence of an objectively tested evidence base, the evidence
underpinning the WMRSS, in particular the Panel Report, will continue to be a
material consideration unless more up to date objectively tested evidence is
available or that the evidence becomes so out of date as to be immaterial.
A few recent Inspectors' decisions point to the likelihood that the RSS's housing
figures are becoming less relevant as they were based on 2006 Household
Projections. Members will be aware that the SHMAA evidence, which was
informed by 2008 Household Projections, has been objectively assessed by the
Planning Inspectorate as part of Stage 1 of the SWDP EIP.
As set out above, whilst full weight cannot be given to the EiP Inspector's view,
it is hoped that the letter following Stage 1 of the examination will provide
further clarity in respect of the housing requirement and supply of the District.
The Worcestershire Strategic Housing Market Assessment (SHMA)
This was updated and published in February 2012. The SHMA provides a
strategic assessment of housing needs based on market areas, providing
evidence to the council in order to inform its policies, the level of market and
affordable housing, as well as housing mix and tenure to meet needs. In
previous appeal decisions, the Inspector attributed limited weight to the
evidence contained within the SHMA on the basis that it had not undergone
public consultation and examination. However, the submission of the SWDP to
the Secretary of State for examination creates a line where the policies and the
evidence supporting those policies can be given more weight. This weight will
increase as the plan proceeds through to adoption and as the housing need
evidence supporting the RSS and RSS Panel Report becomes increasingly out
of date.
Strategic Housing Land Availability Assessment (SHLAA December 2012)
This document sets out available land for residential development and gives a
basic assessment on the suitability and deliverability of sites which has helped
to inform the housing allocations in the SWDP.
Prematurity
The Government's document 'The Planning System: General Principles' (2005)
remains extant and provides advice on prematurity. It confirms that "In some
circumstances, it may be justifiable to refuse planning permission on grounds of
prematurity where a DPD [Development Plan Document] is being prepared or is
under review, but it has not yet been adopted. This may be appropriate where
a proposed development is so substantial, or where the cumulative effect would
be so significant, that granting permission could prejudice the DPD by
predetermining decisions about the scale, location or phasing of new
development which are being addressed in the policy in the DPD. A proposal
for development which has an impact on only a small area would rarely come
into this category."
In this case the scale and nature of the development is such that no concerns
are raised over the proposed development on the basis of prematurity.
Housing Land Supply
As above, the Framework conveys a strong imperative in favour of housing
delivery. To that end 'to boost significantly the supply of housing' (paragraph
47), local planning authorities should identify a supply of 'specific deliverable
sites sufficient to provide five years' worth of housing against their housing
requirements with an additional buffer of 5% (moved forward from later in the
plan period). Where there has been a record of persistent under-delivery of
housing, local planning authorities should increase the buffer to 20% (moved
forward from later in the plan period).'
An update on the position as regards housing land supply in the district was
included within the previous agenda for the 10 October Meeting. This update
indicates that our position has not changed significantly to that reported in July
2013.
Existing and proposed housing sites will go under some degree of scrutiny in
any appeal and it cannot be guaranteed that the Planning Inspectorate will
agree that all planning commitments are deliverable within the 5-year qualifying
period. Given the current housing land supply position has not been tested at
appeal and legal advice urges caution, a pragmatic approach should be taken
to continue to approve sustainable development proposals in order to improve
the council's housing land supply position further. It is critical that the council
can claim a robust housing land position which meets the requirements of the
Framework.
At the Planning Committee meeting in July and October, the committee agreed
that reports should carefully consider planning applications for housing
development outside of the proposed SWDP; weighing up all the overall
benefits of the development against the harm and as part of that overall
judgement take into account the improved 5-year land supply position and the
submission of the SWDP to the Secretary of State. This report sets out the
benefits and harm of the proposal in order to provide a considered
recommendation.
Principle of the Development
Consequently, significant weight must be given to paragraph 49 of the
Framework and the need to promote sustainable development in accordance
with paragraphs 14 and 7 of the Framework in order to improve the council's
housing land supply position. The conformity of the proposed development to
the criteria for sustainability is considered throughout this report.
The following matters need to be weighed in the balance by the committee.
The Framework makes it clear that proposals must be assessed against the
development plan taking into account policies which are up-to-date. The
Government is intent on accelerating the delivery of new housing. Irrespective
of the debate around the actual level of supply that exists, the availability of a
5-year (+20%) supply of housing land is the minimum requirement and does
not mean that otherwise acceptable proposals should be resisted. The
Government's wish to accelerate the delivery of new housing is consistently
being reflected across the country by permissions being granted via the
appeals process.
The emerging SWDP sets out the council's approach to how it wishes to see
the district developed to meet its vision for South Worcestershire. Whilst
weight can be attached to the plan and its policies, there remains considerable
unresolved objection to the amount of development proposed by the plan. A
cautious approach, therefore, should be taken to the degree of weight to be
attached to the SWDP. With reference to this planning application, approval of
this planning application would support the development strategy of the SWDP,
given that the site is one allocated for residential development in it.
Bredon is classified as a Category 1 village in the SWDP, which indicates that
there is access to at least 4 key services and access to all daytime journey
types including public transport. The nearest bus stop is 450m from the site. It
is considered that the village is capable of accommodating new residential
development of the scale proposed. This is reflected in the emerging SWDP
allocation of the site for 24 units.
Design and Impact upon Residential Amenity:
Whilst an outline application with matters of appearance, scale and layout
reserved for future consideration, the application submissions include a design
and access statement. In addition, the applicant has submitted a revised
indicative site layout plan to reflect the revised housing mix set out in section 1
above.
In summary, the scheme now includes:
- an open market housing mix in line with the Council's Housing Mix Position
Statement;
- 40% affordable housing (10 units); and
- open space/landscaping close to 40%
Each of these elements is in line with relevant adopted/emerging development
plan policy. Nevertheless, officers have concerns with some elements of the
design as shown on the latest indicative layout, particularly in terms of:
- layout/distribution of houses and open space across the site;
- inclusion of too much communal parking which is not sufficiently overlooked
by houses within the site;
- clarity over amenity space to be provided for some units in the scheme;
In view of these shortcomings, officers have requested the applicant to further
amend the indicative layout plan. This is awaited at the time of report
preparation. It is anticipated that the supporting application documents will also
be revised to reflect the changes to the scheme. Members will be updated at
the Planning Committee on any changes made to the proposal.
It is noted that this is an outline planning application with matters of design
reserved for future consideration. It should also be noted that recent changes
to planning regulations mean indicative layout plans no longer have to be
submitted with planning applications. As such it is not imperative for an
revised indicative layout plan be provided. However it would be useful to
receive a plan showing a layout that takes into account officers concerns..
Without full details it is difficult to be certain on the impact of the proposed
development on the amenities of nearby residences. However, the latest
indicative plans seem to show a development that could be achieved without
causing unacceptable harm due to loss of light or overlooking of adjoining
properties.
Finally, the application submissions do not indicate that energy performance of
properties has been taken fully into account. Instead, the planning statement
notes that the south orientation of the site will allow for renewable resources to
be installed.
Reducing the demand for energy and improving energy
deficiency is a key component of the Council's Residential Design Guide and is
given high regard in the emerging SWDP policy. Officers consider that there is
good potential for houses in the scheme to include renewable energy and
green techniques and the agent has been asked to provide more information in
this respect when preparing the revised site layout. In any case, ths issue
can be properly addressed through the imposition of conditions.
Impact on Conservation Area
The village Conservation Area includes a field to the west of Oak Lane and
some of the development to the north of, but not adjacent to, the site. No part of
the Conservation Area abuts the site, except the point where the new vehicular
access joins Oak Lane. Given that the site is separated from the Conservation
Area by predominately modern development, officers consider that the proposal
will not harm its setting, character or appearance.
Mix of Units
The mix of units as above has been amended so that the required proportion
(40%) of affordable housing in emerging SWDP policy can be provided in the
scheme.
In addition, the proportions of 1/2 bed, 3 bed and 4+ bed general market units
as currently proposed would be 36%, 36% and 28% respectively. This
demonstrates a good housing mix that reflects demographic needs and trends
identified in the SHMA. The scheme is deemed acceptable in this regard.
Impact upon Landscape:
The site lies on level ground which is not raised significantly above its
surroundings. As noted, it is also adjacent to existing residential development
on two sides, as well as a railway line. In order to provide sufficient space for an
access into the site from Oak Lane, it is necessary for the site to extend to the
south of a native species hedgerow which runs along the southern side of the
site. This will result in loss of the hedge, although this could be re-established
along the new southern boundary.
In addition, the revised indicative layout plan shows the inclusion of open space
and landscaping which is just under 40% of the total site area. This level of
provision is in line with the requirement for 40% Green Infrastructure (GI) on
sites greater than 1 hectare in area as set out under emerging Policy SWDP5,
Green Infrastructure.
Overall, the site is fairly well contained and that if sensitively designed, a
residential scheme will not have an adverse impact on the surrounding
landscape. As noted above, further revisions to the layout are sought and
members will be updated at the committee meeting. Subject to the provision
of appropriate and sympathetic boundary treatments officers raise no
objections to the proposal on landscape grounds.
Impact upon Highways:
In the light of initial detailed comments from the Highway Authority, a revised
access design showing how the site would connect to Oak Lane has been
received. The further comments of Worcestershire County Highways were
awaited at the time of report preparation and Members will be updated at the
Committee meeting.
Members will note that the comments are restricted to technical issues
concerning the design of the access and that the Highway Authority does not
appear to raise an objection in principle to the use of Oak Lane as the proposed
means of access to the site. Further clarification has been requested from the
Highway Authority as to the works that would be required to bring Oak Lane up
to a standard capable of accommodating traffic flows to/from the site. Members
will be updated on this matter at the committee meeting.
The site lies adjacent to the settlement boundary and is within reasonable
walking distance (0.8km) of the majority of key facilities in Bredon (i.e. pub,
shop, first school and surgery), as well as bus links. Overall, your officers
consider that the site is in a reasonably sustainable location.
Impact upon Surface Water/Foul Drainage and Flooding:
The application site falls in Flood Zone 1, which is considered to be an area of
low flood risk. Nevertheless, the application includes a Flood Risk Assessment
because the site area exceeds one hectare. The main points of this are:
- there are no significant flood risks from any sources;
- the amount of impermeable area will increase on site and surface water runoff
can be reduced by shallow infiltration and attenuation measures, although this
is subject to the findings of a detailed ground investigation to be carried out at a
later stage;
- SuDS measures will comprise soakaways, permeable paving, oversized
pipes/culverts and basin/crate systems to drain adoptable highways;
- site outflow (to be restricted using control device) will drain to the existing
public sewer located at Oak Lane;
- SuDS to be designed so that the site will not generate additional runoff or
exacerbate local flooding;
No objection to the proposals has been raised by the council’s drainage
engineer and your officers consider that the development's impact on surface
water disposal is acceptable.
Foul Drainage:
The applicants are proposing to connect to the existing mains for foul drainage
in Oak Lane. The response of Severn Trent Water was awaited at the time of
report preparation and Members will be updated on this matter at the
committee meeting. However connection to foul drainage is the preferred
method of disposing of foul water.
Ecology Matters:
The application submissions include a Species Survey (October 2010), Reptile
Assessment (July 2013) and Tree Survey. The site comprises grass land which
is grazed by livestock and has 25 plum/gage trees on it which are remnants of
a fruit orchard. There are some sections of hedgerow around the site
boundaries.
In summary, the Species Survey findings were:
Birds - 5 species found with none nesting on site.
Mammals - evidence of badger (badger runs but no setts), fox and rabbit was
found.
Bats - no species identified, although bat species have been identified in the
area and some fruit trees on site have openings suitable for bat roosts.
Amphibian/reptilian species - no evidence of these was found, although the site
is a suitable habitat and a reptile survey is recommended. A subsequent survey
found no evidence of reptiles, although identified a grassed part of the site as
suitable habitat.
Officers were considering the ecological implications of the proposal and the
value of the trees on the site at the time of report preparation and members will
be updated on this matter at the committee meeting.
Archaeology:
Members will note the requirement of the county archaeologist for a
pre-determination archaeological evaluation. The agent has confirmed that this
was scheduled to be carried out in late October. Members will be updated as
appropriate on its findings. The recommendation of approval is dependent on,
amongst other things, the receipt of a report that addresses the county
archaeological officer's comments.
Affordable Housing and Other Financial Contributions:
Members will note that the application has been amended to provide 10
affordable housing units, or more than 40% of the total number (24). This level
of provision is in accordance with the emerging SWDP and is higher than the
30% requirement in saved Local Plan Policy COM2.
The further comments of the Council's housing officer were awaited at the time
of report preparation and Members will be updated on this matter at the
Committee.
The following obligations/contributions are considered reasonable, relevant and
necessary for the proposed development in accordance with the Community
Infrastructure Levy (CIL) Regulations 2010:
- 40% affordable housing provision, or 10 units
- contribution in lieu of on-site provision of public open space - amount to be
ascertained on receipt of confirmation of the level of on-site provision;
- highways-related contribution to assist in delivery of Worcestershire Transport
Strategy - to be confirmed
- other highways-related contributions - to be confirmed
- education contribution - to be paid at the following rates: 1-bed dwelling - Nil;
2-bed house - £4,905; 3-bed house - £4,905; 4-bed house - £7,358; 2-bed
flat/apartment - £1,962, Affordable housing - Nil
- off-site sports facilities - £24,690 (to go towards Bredon Rugby Club)
- off-site formal sports pitch provision - £40,800 (to go towards Bredon
Recreation Ground)
- cycling contribution - £335/unit, or £8,040 (to go towards cycle routes in the
Bredon area)
- recycling - £34.15 per unit, or £819.60
- arts contribution - £1,800
The applicants have confirmed their willingness to enter into a section 106 legal
agreement for the above contributions, although no agreement has yet been
completed.
Other matters
The application submissions explain that the applicant owns the whole site and
that it is readily developable without infrastructure restraints.
Conclusion:
In order for officers to form a recommendation, it is important to undertake a
balancing exercise with regards to the provisions of the development plan, The
Framework (especially in terms of housing supply) and the presumption in
favour of sustainable development.
It is recognised that the Council is currently unable to robustly demonstrate a
deliverable 5-year supply of housing. Therefore, strong weight is attached to
the contribution this development will bring to the provision of not only market
housing, but also affordable housing. The fact that the site is one allocated for
development in the emerging SWDP lends further weight to the proposal,
although this allocation has yet to be scrutinised by the Inspector dealing with
the SWDP EiP. Given this position, para. 49 of the Framework is clear that
relevant policies for the supply of housing within the adopted development plan
shall not be considered as up-to-date and on this basis the key test set out in
para. 14 of the Framework applies.
Para. 14 sets out that development proposals should be granted permission
unless the adverse impact of doing so would significantly and demonstrably
outweigh the benefits. This can be tested by reference to the three
dimensions to sustainable development as set out in para. 7 of the Framework namely the economic role; social role and environmental role. These roles must
not be considered in isolation and should be taken as mutually dependent.
an economic role - the construction of 24 dwellings would contribute to the
economy with regard to supporting the growth of the housing market, which in
turn can help support employment. The provision of the housing will also help
support local businesses and facilities. Therefore, the application delivers on
this role.
a social role - whilst awaiting an amendment to the indicative housing layout,
officers consider the proposed development will provide a high quality
environment and help meet the housing needs of the present and future
generations with regard to the supply of housing and the provision of affordable
homes. The development will be accessible to a range of local
services/facilities and integrate well with the existing community. Therefore,
the application delivers on this role.
an environmental role - the proposal will protect and enhance the surrounding
natural and built environment. The willingness of the applicant to include up to
the required amount of Green Infrastructure suggests that the scheme can
meet this role and provide some on-site biodiversity gains.
As the proposal accords with all of the above roles, officers consider that the
proposal constitutes sustainable development.
Whilst the scheme has
attracted a number of objections from residents, officers do not consider that
any of the concerns raised are sufficient to justify its refusal. Any harm that may
be caused by the proposal would not outweigh the benefits of the scheme.
This view is subject to the following:i) the receipt of a satisfactory revised indicative site layout plan which
demonstrates that 24 houses can be adequately accommodated on the site;
ii) the receipt of a satisfactory pre-determination archaeological evaluation;
iii) the receipt of satisfactory comments from consultees in respect of any
revised layout plan, and in particular the Highway Authority in respect of the
proposed vehicular access from Oak Lane;
iv) the scheme being found to be acceptable in respect of ecological matters;
and
v) the applicant successfully entering into a legal agreement for contributions
towards affordable housing; on-site/off-site public open space provision;
highways provisions, education, off-site sports facilities/formal sports provision,
cycling, recycling and art/culture on the basis as set out in the committee
report;
8.
RECOMMENDATION
Approval subject to: -
i) the receipt of a satisfactory revised indicative site layout plan which
demonstrates that 24 houses can be adequately accommodated on the
site;
ii) the receipt of a satisfactory pre-determination archaeological
evaluation;
iii) the receipt of satisfactory comments from consultees in respect of any
revised layout plan, and in particular the Highway Authority in respect of
the proposed vehicular access from Oak Lane;
iv) the scheme being found to be acceptable in respect of ecological
matters; and
v) the applicant successfully entering into a legal agreement for
contributions towards affordable housing; on-site/off-site public open
space provision; highways provisions, education, off-site sports
facilities/formal sports provision, cycling, recycling and art/culture on the
basis as set out in the committee report.
1.
Application for approval of reserved matters shall be made to the Local
Planning Authority before the expiration of two years from the date of this
permission. The development hereby permitted shall be begun before the
expiration of one year from the date of approval of the last of the reserved
matters to be approved.
Reason - In accordance with the requirements of Section 91 (1) of the Town
and Country Planning Act 1990 as amended by Section 51 of the Planning
and Compulsory Purchase Act 2004 and to ensure that the development will
proceed promptly so as to reduce the Council's housing supply shortfall.
2.
Approval of the details of the layout, scale and external appearance of the
buildings and the landscaping of the site (hereinafter called "the reserved
matters") shall be obtained from the Local Planning Authority in writing before
any development is commenced.
Reason - This permission is in outline only and further details of the reserved
matters are required to ensure satisfactory development.
3.
Highways conditions - to be confirmed
4.
Demolition, clearance or construction work and deliveries to and from the site
in connection with the development hereby approved shall only take place
between the hours of 08.00 and 18.00 Monday to Friday and 08.00 and 13.00
on a Saturday. There shall be no demolition, clearance or construction work
or deliveries to and from the site on Sundays or Bank Holidays.
Reason - To preserve the amenities of the locality.
5.
No development shall take place, including any works of demolition, until a
Construction Method Statement has been submitted to and approved in writing
by the Local Planning Authority. The approved Statement shall be adhered to
throughout the construction period. The Statement shall provide for:
the parking of vehicles of site operatives and visitors
loading and unloading of plant and materials
storage of plant and materials used in constructing the development
the erection and maintenance of security hoarding including decorative
displays and facilities for public viewing, where appropriate
v. wheel washing facilities
vi. measures to control the emission of dust and dirt during construction
vii. a scheme for recycling/disposing of waste resulting from demolition and
construction works.
i.
ii.
iii.
iv.
Reason - To protect the amenities of adjoining/nearby properties from
unacceptable adverse effects in accordance with Policy GD2 of the Wychavon
District Local Plan (June 2006).
6.
The application for reserved matters shall include:
1. survey information of all existing trees and hedges on the application site,
and branches from trees on adjacent land that overhang the site. The survey
shall include for each tree/hedge:
i) the accurate position, canopy spread and species plotted on a plan.
ii) an assessment of its general health and stability.
iii) an indication of any proposals for felling or pruning.
iv) details of any proposed changes in ground level, or other works to be
carried out, within the canopy spread.
2. a landscape scheme which shall include:
i) a plan(s) showing the planting layout of proposed tree, hedge, shrub and
grass areas.
ii) a schedule of proposed planting – indicating species, size at time of planting
and numbers/densities of plants.
iii) a written specification outlining cultivation and others operations associated
with plant and grass establishment.
iv) a schedule of maintenance, including watering and the control of
competitive weed growth, for a minimum period of five years from first
planting.
Reason - To preserve and enhance the visual amenities of the area and to
ensure the satisfactory development of the site in accordance with Policies
GD2, ENV1, SUR2 and ENV8 of the Wychavon District Local Plan (June
2006).
7.
All existing trees and hedges on site, or branches from trees on adjacent land
that overhang the site, unless indicated on the approved plan(s) to be
removed, shall be retained and shall not be felled or pruned or otherwise
removed within a period of five years from the completion of the development
without the previous written consent of the Local Planning Authority.
Temporary fencing for the protection of all retained trees/hedges on site during
development shall be erected, to a minimum height of 1.2 metres, below the
outermost limit of the branch spread, or at a distance equal to half the height
of the tree, whichever is the further from the tree.
Such fencing should be erected in accordance with BS 5837:2005, before any
materials or machinery are brought onto site and before any demolition or
development, including erection of site huts, is commenced.
This protective fencing shall be maintained on site until the completion of
development, and nothing should be stored or placed, nor shall any ground
levels be altered, within the fenced area without the previous written consent
of the Local Planning Authority.
There shall be no burning of any material within 10 metres of the extent of the
canopy of any retained tree/hedge.
If any retained tree/hedge is removed, uprooted or destroyed or dies,
replacement planting shall be carried out in the first available planting season
of such species, sizes and numbers and in positions on site as may be
specified by the Local Planning Authority.
Reason - To prevent existing trees/hedges from being damaged during
construction work and to preserve the amenities of the locality in accordance
with Policies SUR2 and ENV8 of the Wychavon District Local Plan (June
2006).
8.
The
reserved
matters
submissions
shall
include
details
of
landscaping/boundary features between the application site and the adjoining
existing residential properties. The approved features shall be provided prior to
the occupation of any of the dwellings hereby approved.
Reason - To ensure the proposed development does not cause unacceptable
harm to the amenities of neighbouring properties.
9.
Notwithstanding the information submitted with the application and prior to the
commencement of development hereby approved the following details shall be
submitted to the Local Planning Authority for approval in writing:- details on how renewable energy measures are to be incorporated into the
proposed development;
- details of measures to conserve and recycle water to be incorporated into the
proposed development;
- details of energy efficiency measures to be incorporated into the proposed
development; and
- details of construction materials to be used in the proposed development with
the aim of minimising the use of primary non-sustainable materials.
The approved measures shall be implemented and incorporated into the
approved development in line with a implementation timetable to be submitted
and approved in writing by the local planning authority prior to the
commencement of development.
Reason - To ensure the prudent use of natural resources.
10. Unless otherwise required by any other condition on this planning permission,
the development hereby permitted shall be carried out in general accordance
with the following documents:LIST OF DOCUMENTS SUCH AS DESIGN AND ACCESS STATEMENT,
INDICATIVE PLAN AND MIX OF HOUSING SPECIFICATION - TO BE
CONFIRMED
Any reserved matter application shall include a statement providing an
explanation as to how the design of the development responds to and
complies with, these documents.
Reason - To ensure the proposed development constitutes high quality
design.
11. In relation to the requirements of conditions 1 and 2, details of the facilities for
the storage of refuse for all proposed buildings within the development shall be
submitted as part of any reserved matters application(s). No individual
dwelling shall be occupied until approved refuse storage facilities to serve that
dwelling have been constructed in accordance with approved details.
Reason - To ensure the proposed dwellings have adequate refuse storage
facilities.
12. Prior to the commencement of development, details of a scheme for the
provision and implementation of a surface water regulation system that
includes the use of Sustainable Drainage Systems shall be submitted to the
Local Planning authority for approval in writing. A surface water drainage
scheme shall be implemented in accordance with approved details prior to the
occupation of the first dwelling hereby approved or in accordance with an
alternative timetable agreed in writing by the Local Planning Authority.
Reason - To ensure the provision of an adequate and sustainable drainage
system.
13. The proposed development shall include the provision of affordable housing of
a type
, size and location in accordance with the Council's Supplementary Planning
Guidance on the provision of affordable housing.
Reason -To ensure the proposed development complies with the Council's
policy and guidance on the provision of affordable housing.
14. No building on any part of the development hereby permitted shall exceed 2
storeys in height.
Reason - To ensure that the proposed development is appropriate in design
terms and to protect the amenities of neighbouring properties.
15. In relation to the requirements of conditions 1 and 2, details of the floor levels
of all proposed buildings shall be submitted as part of any reserved matters
application(s). Any buildings approved shall be constructed at approved floor
levels.
Reason - In the interests of amenity.
16. Unless otherwise agreed by the Local Planning Authority development, other
than that required to be carried out as part of an approved scheme of
remediation, must not commence until Parts 1 to 6 have been complied with:
Part 1.
A preliminary risk assessment must be carried out. This study shall take the
form of a Phase I desk study and site walkover and shall include the
identification of previous site uses, potential contaminants that might
reasonably be expected given those uses and any other relevant information.
The preliminary risk assessment report shall contain a diagrammatical
representation (conceptual model) based on the information above and shall
include all potential contaminants, sources and receptors to determine
whether a site investigation is required and this should be detailed in a report
supplied to the Local Planning Authority. The risk assessment must be
approved in writing before any development takes place.
Part 2.
Where an unacceptable risk is identified a scheme for detailed site
investigation must be submitted to and approved in writing by the Local
Planning Authority prior to being undertaken. The scheme must be designed
to assess the nature and extent of any contamination and must be led by the
findings of the preliminary risk assessment. The investigation and risk
assessment scheme must be compiled by competent persons and must be
designed in accordance with DEFRA and the Environment Agency's "Model
Procedures for the Management of Contaminated Land, CLR11"
Part 3.
Detailed site investigation and risk assessment must be undertaken and a
written report of the findings produced. This report must be approved by the
Local Planning Authority prior to any development taking place. The
investigation and risk assessment must be undertaken by competent persons
and must be conducted in accordance with DEFRA and the Environment
Agency's "Model Procedures for the Management of Contaminated Land,
CLR11".
Part 4.
Where identified as necessary a detailed remediation scheme to bring the site
to a condition suitable for the intended use by removing unacceptable risks to
identified receptors must be prepared and is subject to the approval of the
Local Planning Authority in advance of undertaking. The remediation scheme
must ensure that the site will not qualify as Contaminated Land under Part 2A
Environmental Protection Act 1990 in relation to the intended use of the land
after remediation.
Part 5.
The approved remediation scheme must be carried out in accordance with its
terms prior to the commencement of development, other than that required to
carry out remediation, unless otherwise agreed in writing by the Local
Planning Authority.
Part 6.
Following the completion of the measures identified in the approved
remediation scheme a validation report that demonstrates the effectiveness of
the remediation carried out must be produced, and is subject to the approval
of the Local Planning Authority prior to the occupation of any buildings.
Part 7.
In the event that contamination is found at any time when carrying out the
approved development that was not previously identified it must be reported in
writing immediately to the Local Planning Authority. An investigation and risk
assessment must be undertaken and where necessary a remediation scheme
must be prepared, these will be subject to the approval of the Local Planning
Authority. Following the completion of any measures identified in the
approved remediation scheme a validation report must be prepared, which is
subject to the approval in writing of the Local Planning Authority prior to the
occupation of any buildings.
Reason - To ensure that risks from land contamination to the future users of
the land and neighbouring land are minimised, together with those to
controlled waters, property and ecological systems, and to ensure that the
development can be carried out safely without unacceptable risks to workers,
neighbours and other offsite receptors.
17. The vehicular access to serve the development hereby permitted shall be
carried out in accordance with the following approved plans:
TO BE CONFIRMED
Reason - To define the permission.
Notes:
Highways notes - to be confirmed
Positive and Proactive Statement
In dealing with this application, the Council has worked with the applicant in the
following ways:- seeking further information following receipt of the application;
- seeking amendments to the proposed development following receipt of the
application; and
- considering the imposition of conditions and/or the completion of a s.106 legal
agreement.
In such ways the Council has demonstrated a positive and proactive manner in
seeking solutions to problems arising in relation to the planning application.