Planning Committee
-
09/10/2014
Application Number W/14/01096/PN
Site Address
Heathercombe Lodge Farm, 89 Pitchers Hill, Wickhamford,
Evesham, WR11 7RT
Description of
Development
Redevelopment of existing canine rescue and rehoming centre
Case Officer
Stephen Holloway
Applicant
Parish
Wickhamford
Agent
Ward
Member(s)
Cllr Liz Eyre
Cllr Barrie Parmenter
Reason for
Referral to
Committee
Major application
Expiry Date
Key Issues
- Principle of the development
- Layout, Scale and Design
- Landscape and visual impact
- Access and Highway issues
- Impact on residential amenity
- Natural Heritage
- Flooding and drainage
Recommendation
Approval subject to:-
Dogs Trust
Peter Napier and Co
29/09/2014
- the proposal being deemed acceptable in terms of impact
upon ecology; and
- the proposal being deemed acceptable in terms of
landscape impact; and
- the proposal being deemed acceptable in terms of land
drainage
1.
SITE DESCRIPTION AND DETAILS OF PROPOSAL
The proposed application is the resubmission of approved planning permission
13/00574 for the redevelopment of the existing Dogs Trust Centre,
Wickhamford. The resubmission looks to amend the approved scheme in the
following ways omission of the cats protection centre
demolition of the existing reception building and replacement with
retaining wall and dogs trust logo
reduction in the size of the vets building
reduction in the height of the TBA building
addition of photovoltaic panels in a ground based array
additional workshop
addition of an attenuation ditch
changes in the architectural design/style of the smaller buildings
proposed.
The centre occupies a site area of approximately 4.2 hectares with land levels
that slope down from the roadside to the rear northern boundary. The existing
boundary to the west is well vegetated ensuring the majority of built form within
the centre is shielded from view.
To the east of the centre is an open field which is used for dog walking and
exercise. This area is currently free of any structures however the proposal
looks to situate a small element of the new STAR building (and its associated
dog runs), attenuation pond and solar array.
To reduce the impact the application proposes a landscape scheme throughout
the site that will also help preserve the biodiversity of the area.
The following documents have been submitted as part of the application:
-
Design and Access Statement
Planning Statement
Noise Assessment
Phase 1 Habitat Survey/Ecological Survey and method statement
Visual Impact Assessment
Water Management Strategy
Traffic Statement
2.
PLANNING POLICY AND LEGISLATIVE FRAMEWORK
The Development Plan
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 Wychavon District Local Plan 2006 and
the Waste Core Strategy for Worcestershire - Adopted Waste Local Plan
2012-2027. This follows the revocation of the West Midlands Regional Spatial
Strategy and saved Worcestershire Structure Plan policies on 20 May 2013.
Wychavon District Local Plan (WDLP)
On 29 May 2009 the Secretary of State wrote to confirm that various policies in
Wychavon District Local Plan were 'saved' under paragraph 1(3) of Schedule 8
to the Planning and Compulsory Purchase Act 2004. The following saved
policies are relevant to this application:
GD2 (General Development Control)
ENV1 (Landscape Character)
ENV19 (Surface Water Run-Off)
SUR1 (Built Design)
SUR2 (Landscape Design)
SUR6 (Extensions to Buildings)
ECON2 (Expansion of Existing Rural Employment Sites)
The Waste Core Strategy for Worcestershire Adopted Waste Local Plan 2012-2027
The Waste Local Plan was adopted by Worcestershire County Council on 15
November 2012 and is a plan outlining how to manage all the waste produced
in Worcestershire up to 2027. The following policies are relevant to this
application:
WCS17 (Making provision for waste in new development)
Government Policy
National Planning Policy Framework 2012
Planning Practice Guidance 2014
Other Material Planning Considerations
Water Management SPD 2009
Residential Design Guide SPD 2010
South Worcestershire Development Plan (SWDP)
Wychavon, in partnership with Worcester City and Malvern Hills District
Councils, submitted a replacement local plan, the SWDP, to the Secretary of
State in May 2013. The examination of the SWDP commenced in October
2013.
The following policies are relevant to the proposed development:SWDP1 (Overarching Sustainability Principles)
SWDP2 (Development Strategy and Settlement Hierarchy)
SWDP12 (Rural Employment)
SWDP 21 (Design)
SWDP 25 (Landscape Character)
SWDP 29 (Sustainable Drainage Systems)
3.
RELEVANT PLANNING HISTORY
87/00333 - Demolition of timber kennels building of six new brick built blocks of
kennels and a detached isolation block - Approved
95/01563 - Change of use from dwelling to educational training centre with
single storey extension to rear to provide toilet facilities - Approved - 1/2/96
96/00496 - Demolition of existing isolation kennels and erection of new, to
current standards - 04/06/96
W/13/00574/PN - Redevelopment of the Dogs Trust and Cats Protection Centre
to include the demolition of 17No buildings/structure, erection of 7No new
buildings associated with the centres operations, and renovation of the
remaining buildings to include the use of the existing reception as bed sit
accommodation for Dogs Trust staff. Approved 16.10.13
Pre-application Engagement
Some email correspondence to discuss the alterations to the approved scheme
and the application required to alter the approval.
Public Consultation
The Dogs Trust Centre held an open day n the 18 February for local residents
to look over the proposals and over 300 leaflets were posted to village
residents. Approximately 30 people attended the open day with no negative
feedback on the day
4.
CONSULTATION RESPONSES
Wickhamford Parish Council:
Objection - Mound creation should be supervised.
- Solar panels could be mounted on the new roofs
- No mention of the existing footpath on the plans provided.
- Space allocated for worker accommodation but this is not included in the
application. This element should form part of the overall scheme.
Worcestershire Regulatory Services:
Noise assessment submitted with application appears technically sound and as
a result there are no further comments to make. The applicant is advised to
follow the advice of the Worcestershire Regulatory Services 'Code of Best
Practice for Demolition and Construction Sites'.
County Highways Authority:
No objection suggested conditions
Wychavon Land Drainage Engineer:
Awaiting response based on additional information submitted by agent
5.
REPRESENTATIONS RECEIVED
Objectors
None received by 23.09.14
Supporters
None received by 23.09.14
6.
Representations Made
In opposition
None received by 23.09.14
In Support
None received by 23.09.14
Applicant's Comments
The applicants agent in response to the Wickhamford Parish Council comments
has noted the presence of a public footpath and highlighted their intention of
protecting access to this footpath throughout the works and providing a new
fence to give 2m clear width.
7.
OFFICER APPRAISAL
The following material planning issues are relevant to this application:
- Principle of the development
- Layout, Scale and Design
- Landscape and visual impact
- Access and Highway issues
- Impact on residential amenity
- Natural Heritage
- Flooding and drainage
Principle of the Development
The application site lies outside, although within 10 metres, of the development
boundary for Wickhamford as defined in the local plan. The dog centre use is
already established and as such local plan Policy ECON2 is relevant. This
policy states that, outside defined development boundaries, proposals for the
expansion of existing employment sites and/or uses will be permitted,
providing:a) the site/use is currently operating without significant harm to its surroundings
and the rural environment;
b) the proposal is for the reasonable and limited needs for expansion of an
existing business or businesses; and
c) the site and its surroundings can accommodate such limited expansion
without significant harm to the character, appearance or amenity of the area.
There is no evidence or comments from neighbours or consultees to suggest
that the site has been operating to the detriment of the surrounding area and
the majority of the proposal is still retained within the confines of the existing
site area. The further expansion into the adjoining field to the east for the
locating of the solar array and attenuation pond will expand the site boundaries,
however, this is still felt to be within reasonable and limited expansion of the
business in order to improve both the site drainage and energy consumption.
The expansion to the site will be softened by a detailed landscape scheme.
There is no objection in principle to these proposals although officers are still
considering the details of the landscape scheme. Even so, the proposed
expansion of the site would not lead to any significant harm to the character,
appearance or amenity of the surrounding area.
The council has recently granted planning permission for a similar
redevelopment scheme for the site. It was considered that this approved
scheme complied with policy ECON2 and the current proposal only seeks some
alteration and additions to the scheme approved.
As such, the current
proposal accords with the criteria of saved Local Plan Policy ECON2.
Layout, Scale and Design
The proposal will see the demolition of seventeen structures on the site,
constructed from a mixture of wood, brick, concrete and metal. None of the
buildings marked for demolition are of any architectural interest nor do they
contribute to the character of the street scene.
The layout and position of the proposed buildings on site have not altered from
the extant permission and the omitted cat protection building has been replaced
by a single storey workshop building in keeping with the design of the site.
The alterations to the Vet and TBA building are minor architectural changes
aimed to simplify construction and reduce build costs.
A major change from the extant permission is the removal of the existing
reception building to the south of the site and replacement with a retaining wall
to mount an advertisement for the Dogs Trust Centre. The existing structure is
a two storey building set within the slope of the site therefore appearing as a
single storey from the road. The buildings exterior materials are a white render
finish with reconstituted tile roof.
The proposed retained wall will be clad in feather edged soft wood timber on
the road side and the Dogs Trust advertisement is shown in a black font. This
altered site entrance is considered to be acceptable with regard to scale, height
and massing and would not adversely effect the character of the street scene.
Overall, the mixture of contemporary materials and design will result in a
scheme that will appear attractive and interesting, ensuring a positive
contribution to the visual quality of the local environment. The proposed
development would represent high quality design and there is no concern over
layout, scale or design.
Landscape and Visual Impact
The expansion of the site into the adjacent field to the east will not result in an
additional building but will incorporate a solar array of 242 panels in 5 rows as
well as an attenuation pond. The design and layout of the array is functional
with the panels mounted to face South. Mounds and additional planting are
proposed to help soften the impact of the proposed development.
Officers are still considering the details and impact of the proposed landscaping
and the visual impact of the scheme. Members will be up-dated on officers
views on this issue at the committee meeting.
Access and Highway Safety
No objections have been raised by the county highway officer. The scheme is
acceptable in this regard.
Impact on residential amenity:
The site has adjoining residential property to the South East and North West
with a managers property located within the confines of the site. The main built
up area of Wickhamford is located to the North West approximately 117m from
the site's boundary.
The site is already in use with the Dogs Trust and the proposed redevelopment
of the site is mainly contained to the North East of the site away from
neighbouring residential property. Therefore the proposed site layout and
design raises no concern regarding residential amenity. The separation
distance from surrounding property is deemed adequate.
Noise
The application has been submitted with an updated noise assessment and the
recommendations of the report are noted. As the proposal is not altered in its
overall conclusion and the kennel location and run areas have not changed
significantly, the conditions of the extant permission are still relevant and should
be attached to any approval given.
In addition to the above, comments received from Worcestershire Regulatory
Services suggest the use of an informative note to direct the applicant towards
the Code of Best Practice for Demolition and Construction Sites.
Natural Heritage
Officers are still considering the submissions relating to ecology and members
will be up-dated on this issue at the planning committee meeting. It is noted
that the approved scheme was deemed acceptable in this regard.
Flooding and Drainage
The site is located within Flood Zone 1 and is at low risk of flooding from rivers.
Officers are still considering the application submissions that relate to land
drainage and members will be up-dated on this matter at the committee
meeting.
Other Issues
The parish council's comments in respect of the proposed mounds are noted.
The scheme shows various mounds and earthworks across the site. For
example the proposed solar panels would be constructed on a formed and
raised flat mound. The application submissions explains that, due to the
gradient of the site, cut and fill will be required. This together with demolition
waste produced during construction works will be used to create low earth
mounds covered with planting and grass. This is a more sustainable solution
rather than taking waste off-site.
There is no mention of material being brought onto the site to create the
proposed mounds. Even so, it is unclear whether there will be will sufficient
on-site material to create the proposed mounds. To prevent land
contamination and potential unnecessary importation of spoil, a condition is
suggested that requires full details of the earthworks before they are carried
out.
Conclusion
Based on the available information, the redevelopment of the site will cause no
adverse effect on the character and appearance of the surrounding built
environment or the rural landscape to the north. The possible effects on public
and private amenity can be adequately controlled to ensure there is no
detrimental impact. The scheme has economic and social benefits and no
harm is identified that would significantly and demonstrably outweigh these
advantages.
As such the proposal is seen to represent sustainable
development and is in line with development plan policies. This view is subject
to:- the proposal being deemed acceptable in terms of impact upon ecology; and
- the proposal being deemed acceptable in terms of landscape impact; and
- the proposal being deemed acceptable in terms of land drainage
8.
RECOMMENDATION
Approval subject to
- the proposal being deemed acceptable in terms of impact upon ecology;
and
- the proposal being deemed acceptable in terms of landscape impact;
and
- the proposal being deemed acceptable in terms of land drainage
1.
The development hereby permitted shall be begun before the expiration of
three years from the date of this permission.
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.
2.
The materials shown on the approved plans shall be used in the construction of
the external walls and roofs of the buildings hereby approved.
Reason - To ensure that the development is visually satisfactory in accordance
with Local Plan Policy SUR1 and SUR6
3.
Before any construction begins on site, the details of the acoustic louvres to be
fitted to the external facade of the proposed kennels shall be submitted to and
approved in writing by the Local Planning Authority. The approved louvres shall
be installed prior to the first use of the development hereby permitted and shall
be retained whilst the approved development is in use.
Reason - To ensure adequate noise mitigation is implemented to the kennel
areas in accordance with Local Plan Policy GD2
4.
Prior to the first use of the development hereby permitted, 2m high timber
acoustic fence of a minimum 20mm thickness shall be erected to the west
boundary of the site opposite intake building one. The fence shall extend for
a 40m length from the north west corner of the site along the west boundary in
a southern direction. The fence shall be retained whilst the development
hereby permitted is in use.
Reason - To ensure adequate noise mitigation is implemented to the kennel
areas in accordance with Local Plan Policy GD2
5.
Prior to the insulation of any new plant and machinery on site, the existing
noise level due to plant machinery on site shall be measured and submitted in
writing to the Local Planning Authority.
Once this level is established, any new plant and machinery proposed as part
of the redevelopment shall maintain a noise level that does not exceed this
confirmed level.
Reason - To ensure adequate noise mitigation is implemented within the site in
accordance with Local Plan Policy GD2
6.
Any recommended landscape conditions
7.
Any recommended ecological conditions
8.
Any recommended drainage conditions
9.
The development hereby permitted shall not be brought into use until the
internal vehicular accesses, driveways, entrances, turning areas and parking
facilities shown on the approved plan have been properly consolidated,
surfaced, drained and otherwise constructed in accordance with details to be
submitted to and approved in writing by the Local Planning Authority and these
areas shall thereafter be retained and kept available for those uses at all times.
Reason - In the interests of pedestrian and vehicle safety.
10. Development shall not begin until parking for site operatives has been provided
within the application site in accordance with details to be submitted to and
approved by the Local Planning Authority and such provision shall be retained
and kept available during construction of the development.
Reason - To prevent indiscriminate parking in the interests of highway safety.
11. Prior to the construction of the mounds and raised ground levels shown on the
approved plans, the following details shall be submitted to and approved in
writing by the local planning authority:- details of the materials to be used in the construction of the mounds;
- details of any testing of the materials to be used;
- the source of any material; and
- the amount of material required for the construction.
Only material that has been approved in writing by the local planning authority
shall be used in the construction of the mounds and raised ground areas.
Reason - To help prevent ground contamination and to ensure the proposed
development does not lead to unnecessary importation of spoil onto the site.
12. The development hereby permitted shall be carried out in accordance with the
following approved plans:
90/200 P2 - location plan
EXT-10-101 T2 - existing site plan
EXT.10.103 T8 - proposed site plan
P/EXT/102 - location of main features
90-401 - fence types
INT -10-102 T4 - intake building floor plan
INT-20-101 - intake building elevations 3D
INT-20-104 T1 - intake building elevations
INT-20-105 T1 - intake building elevations
INT-20-201 T3 - intake complex 3D views
INT-20-301 - intake parasol typical
INT-20-302 - intake parasol typical
PAR/10/101 T1 - parasol kennel plan as existing
PAR/10/201 T2 - parasol kennel plan as proposed
PAR/10/206 T1 - roof plan
PAR/20/101 T1 - parasol kennel elevations existing and proposed
RH-10-100 T2 - floor plan
RH-10-400 T2 - roof plan
RH-20-101 T3 - South elevation
RH-20-102 T2 - East elevation
RH-20-103 T3 - North elevation
RH-20-104 T2 - West elevation
SB-10-101 T1 - staff building floor plan existing and proposed
SB-20-101 T1 - staff building elevations existing
SB-20-201 T3 - staff building elevations proposed
ST-10-103 T1 - star building floor plan
ST-10-108 T1 - star building roof plan
ST-20-101 T1 - star elevations
ST-20-103 T1 - star 3D elevations
Store-10-101 T1 - floor plan
Store-20-101 T1 - store elevations
TBA-10-102 T2 - TBA floor plan
TBA-20-101 T1 - elevations
TBA-20-103 Ta - 3D views
VWS-10-102 T2 - vet building floor plan
VWS-10-107 T1 - vet building roof plan
VWS-20-101 T2 - vet building elevations
WS-10-101 T1 - workshop floor plans
WS-20-101 T1 - workshop elevations
EXT.10.313.T2 - area 7 front of site proposed
EXT.10.318 T1 - alterations to egress from site
EXT.10.317 T3 - proposal to front of site
4249 X 005 T1 - proposed site lighting and CCTV
EXT.10.311 T6 - area 6 around PV panels as proposed
Reason - To define the permission.
Notes:
The applicants attention is drawn to the Worcestershire Regulatory Services “Code
of Best Practice for Demolition and Construction Sites”
Positive and Proactive Statement
In dealing with this application, the Council has worked with the applicant in the
following ways:- providing pre-application advice;
- seeking further information following receipt of the application;
- seeking amendments to the proposed development following receipt of the
application;
- considering the imposition of conditions
In such ways the Council has demonstrated a positive and proactive manner in
seeking solutions to problems arising in relation to the planning application.