Planning Committee
-
09/01/2014
Parish: Broadway
Ward: Broadway & Wickhamford 06
W/13/01921/PN
Description: Erection of 5 dwellings with landscaping, vehicular access and all
associated works
Site:
Land Adjacent, Springfield Cottage, Springfield Lane, Broadway
Applicant: The Style and Codrington families
Agent:
Date Valid:
Stansgate Planning
18/09/2013
Expiry Date: 13/11/2013
Case Officer:
Anna Brindle
Tel:
01386 565379
Grid Ref:
E:409343.93
Member(s):
Cllr Liz Eyre Cllr Barrie Parmenter
1.
N:237839.27
Site Description and Details of Proposal
This application has been deferred from the Committee meeting of 5th
December 2013 to allow members the opportunity for a site visit.
The application site (which has been amended since its original submission to
exclude an agricultural access track to the northern part of the site) now covers
a total area of 0.95 hectares. Access to the site is proposed from Springfield
Lane, which for the majority of its length is a private road and has therefore
been largely included within the development site. When excluding the majority
of Springfield Lane, the actual development plot covers approximately 0.4ha.
The site is located on the north western side of Broadway, within an open
parcel of land that is contained within the Broadway Conservation Area. The
site is located immediately adjacent to the local plan Policy GD1 development
boundary but is not included within the Cotswold Area of Outstanding Natural
Beauty (AONB).
The site is a rectangular plot positioned along the Springfield Lane frontage and
abuts residential development on its southern side, with further residential
properties being positioned on the opposite side of Springfield Lane. Open
fields exists to the north and west. The site is bounded to the road by an
established hedgerow which is lined with a row of trees within a grassed verge
adjoining the lane. An existing public footpath runs the length of Springfield
Lane.
The proposal seeks full planning permission for 5 dwellings and has included 2
units of affordable housing, which equates to 40%. The proposal would
represent a density of just over 12 dwellings per hectare.
The application is supported by the following documents:
- Affordable Housing Statement
- Archaeological Report
- Ecological Report
- Planning Statement
- Planning Supporting Statement
- Transport Statement
- Tree Report
- Water Management Statement
The application is on the agenda as it represents a departure from the current
development plan and has been called to the meeting at the request of Cllr
Parmenter. A site visit was requested at the committee meeting on 5th
December 2013.
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)
ENV12 (Conservation Areas)
ENV18 (Development in Areas of Low and Medium Flood Risk)
ENV19 (Surface Water Run Off)
COM1 (Mix of Dwelling Types)
COM2 (Affordable Housing)
COM12 (Provision of Public Open Space)
SUR1 (Built Design)
South Worcestershire Development Plan
Relevant Policies are:
SWDP1 (Overarching Sustainable Development Principles)
SWDP2 (Development Strategy and Settlement Hierarchy)
SWDP3 (Employment, Housing and Retail Provision Requirement and
Delivery)
SWDP5 (Green Infrastructure)
SWDP6 (Historic Environment)
SWDP13 (Effective Use of Land)
SWDP14 (Housing Mix)
SWDP15 (Meeting Affordable Housing Needs)
SWDP21 (Design)
SWDP22 (Biodiversity and Geodiversity)
SWDP 23 (Areas of Outstanding Natural Beauty)
SWDP24 (Management of the Historic Environment)
SWDP25 (Landscape Character)
SWDP27 (Renewable and Low Carbon Energy)
SWDP28 (Management of Flood Risk)
SWDP29 (Sustainable Drainage Systems)
SWDP 59 (Category 1 Village Allocations)
National Guidance
National Planning Policy Framework (NPPF)
The Planning System: General Principles (ODPM 2005)
Ministerial Statement 'Planning for Growth'
Circular 11/95: The Use of Conditions in Planning Permissions
National Planning Policy Framework - March 2012
Circular 06/05 - Biodiversity & Geological Conservation
CIL Regulations
Town and Country Planning (Development Management Procedure) (England)
Order 2010
Planning for Biodiversity and Geological Conservation: A Guide to Good
Practice
Supplementary Planning
Planning Considerations
Guidance/Documents
and
Other
Material
Developer's Contributions SPG
Developer Contributions for Education Facilities SPD
Affordable Housing SPG
Development Guide - Developer Contributions to Public Open Space
Residential Design Guide SPD.
Planning and Wildlife SPD
South Housing Market Area - Strategic Housing Market Assessment (Feb
2012)
Full Council's report and minute 3 July 2012 - South Worcestershire
Development Plan
Broadway Village Design Statement
Broadway Conservation Area Appraisal
Cotswolds AONB Management Plan 2013 - 2018
Cotswolds Conservation Board
Development in the AONB
Position
Statement
on
Housing
and
Relevant Legislation
Wildlife and Countryside Act 1981
Planning (Listed Buildings and Conservation Areas) Act 1990
Protection of Badgers Act 1992
Human Rights Act 1998
Section 17 of the Crime and Disorder Act 1998
Countryside and Rights of Way Act 2000
Planning and Compulsory Purchase Act 2004
Natural Environment and Rural Communities (NERC) Act 2006
Conservation of Habitats and Species Regulations 2010
Community Infrastructure Levy Regulations 2010
Equality Act 2010
Flood and Water Management Act 2010
Town and Country Planning (Environmental Impact Assessment) Regulations
2011
Localism Act 2011
Growth and Infrastructure Act 2013
Parish Plans
Broadway Village Design Statement
Broadway Parish Plan
Broadway Conservation Area Appraisal.
3.
Planning History
No relevant Planning History
4.
Consultation Responses
Broadway Parish Council:
Original comments dated 15th October:
No Objection
Revised comments dated 28th October:
Object to the development on the following grounds:
The site is within the Broadway Conservation Area and adjacent to the AONB
Development causes loss of views, open space, trees and hedges;
Site potential to flooding;
Springfield lane is a private Road;
The entrance to Springfield lane is an extremely busy junction - any increased
traffic would cause a danger to the public.
County Highways:
No objection, 4 conditions recommended.
Worcestershire County Archaeology:
The proposed development may affect deposits of archaeological potential.
Recent fieldwork in the immediate vicinity has identified a prehistoric settlement
site dating from the Iron Age, while additional known prehistoric and Romano
British remains occur in the wider vicinity. Therefore any groundwork's have the
potential to disturb deposits of archaeological interest. A condition requiring a
programme of archaeological works prior to development should be attached to
the planning consent, if granted.
Community Development:
Offsite sports facilities £5,091
On site formal sport £8500
Art/culture £375
WRS:
No contaminated land comments to make.
Drainage Engineer:
There are no site specific flooding details for this location. It is recommended a
ground condition survey be carried out as soon as possible so that a surface
water disposal strategy can be submitted as part of this application.
Worcestershire Education Services:
Education contribution per dwelling:
1-bed dwellings of any type £0
2-bed houses £4905
3-bed houses £4905
4+ bed houses £7358
2+ bed Flats / Apartments £1962
Affordable Housing £0
5.
Representations Received
72 objections (including letter from Cllr Liz Eyre)
1 support
6.
Representations Made
Objections raised include:
The principle of development
- The proposal is contrary to Local Plan Policies GD1, ENV1, ENV2, ENV12
and SUR1 and also contrary to the NPPF as it cannot be regarded as
sustainable development in accordance with paragraph 6.
- No more houses are needed in Broadway
- This would set a precedent for the change of use of fields and paddocks in
Springfield Lane
- Broadway doesn't need housing growth, it needs investment in services.
- Do not believe that Housing Associations will agree to purchase 2 expensive
homes and pay the road and grass verge maintenance in Springfield Lane
when more economic alternatives are available.
- Numerous 2 and 3 bed retirement/sheltered flats are for sale in local Estate
Agents yet new developments propose more 'affordable' housing. The price of
development land in Broadway is so high that it is not practicable to build low
cost homes unless the housing density is unreasonably high.
- The expected occupancy will be 26 persons. This is a staggering 39%
increase in population in the Lane.
- Reference to a refusal of application W/13/01388/OU for the development of 2
units in Murcot Turn. The same reasons apply here.
- Broadway's infrastructure cannot cope - parking, doctors, tearoom,
restaurants. This development would cause over demand on these services.
- Broadway is becoming a town, not a Cotswold village.
- The proposed development is outside of the recognised settlement boundary
for Broadway
- Since Wychavon's 5-year housing supply is on target to be met and there are
currently so many other new housing proposals in and around Broadway for
local residents to consider, this development is not needed, nor is it fit for
purpose.
- There has been long and detailed consultation regarding possible sites for
development within Broadway and this should occur along the main arterial
routes of Leamington Road and Station Road as recommended in the SWDP.
This would enable appropriate access and infrastructure features to be
incorporated so long as their size was appropriate to the needs of the village.
Heritage concerns
- Development on land within conservation area which would defeat the object
of the area being designated
- The land lies adjacent to the AONB.
- The Broadway Conservation Area appraisal identifies Broadway Lane as one
of 4 distinct character areas. Introducing housing of a density higher to that
found elsewhere would be
detrimental to the character of the conservation area.
- The ridge and furrow should be retained.
- This site is described as 'prominent open space' within the Broadway
Conservation Area Appraisal
- A desk-based Archaeological report stating the finds recorded so far with a
visit from the consultant to the lane is not sufficient to describe the importance
and significance of planning decisions which could destroy the rich
archaeological knowledge which would be revealed by academic research
leading to a deeper knowledge of historic Broadway. Further archaeological
research is needed - Springfield Lane is an example of an ancient roadway and
should be preserved for posterity.
- This would constitute over-development and would not enhance the
conservation area.
- The conservation area impact has not been addressed sufficiently through the
analysis of BCAA policies or ENV12. No reference to the great weight that
should be attached to heritage assets as included in NPPF paras 132 - 134.
This development would not preserve or enhance the conservation area.
- Concerned that a balanced case has not been presented and doesn't give
adequate consideration to conservation issues.
Impact on character
- This development would undermine the attempts of generations to maintain
the character and attraction of the village to tourists
- Development requires the removal of trees
- This is a rural location, not suburban. Mature trees exist, no street lighting
(meaning it is very dark at night), no pavement only grass verges bordering the
road. The road itself has no foundations, is privately owned, having recently
been resurfaced at a cost to all that use it. This is an unsuitable site for further
housing.
- Semi-detached properties are out of keeping with the area, as are standard
design types. Properties are all detached and individually designed.
- The semi-detached units are particularly unusual and foreign to this rural
landscape and the lot sizes are smaller and dissimilar in size when compared
to those in the surrounding area. Broadway Lane, with its close association with
the Broadway Colony of Artists and some of its houses of great architectural
merit deserves special protection. This development would lead to the loss of
the unique quality of English villages.
- Infilling the precious open areas between the dwellings would entirely change
the nature of this rural lane.
- Tourism - Broadway would lose its appeal if facilities became overcrowded.
- The removal of old trees and hedges ( 5 centuries old) would ruin an old
English Country lane.
- See Broadway Village Design Statement : - 1. Springfield Lane runs
westwards from the lower end of the High Street. it is a private no-through road,
ending in open countryside, and retains throughout its length a rural aspect.
Although the housing is of mixed periods there are some significant
buildings..... and all have large gardens bordered by natural hedging which
helps to create a visual unity. Architectural characteristics are predominantly
detached houses of varying ages and design, some stone built, others brick
and rendered, road verges, hedges and Cotswold stone walling maintaining a
rural feel, housing merges into open countryside. 2. Examples of the Arts and
Crafts movement can be seen in Broadway and an example of the Arts and
Crafts style in Springfield lane is illustrated. 3. Under the guidelines for new
building it is suggested that 'new buildings must be harmonious with, and
appropriate to, their location in scale and design. - This new estate type
development it totally inappropriate in Springfield lane and will impact upon the
rural aspect.
- The proposed building site would be the largest development ever in
Springfield Lane. At present, houses in Springfield Lane vary from small to
large, but there are no semi-detached houses and all the houses are individual.
This individuality was part of the case for the award of Conservation Area
status. The proposed development for houses with commonality in design and
appearance is contrary to this individuality.
Drainage issues
- The field gets water-logged
- There are numerous springs within this lane which during periods of heavy
rain discharge to the public sewer. No new development should be allowed to
add to this sewerage problem.
- The existing sewerage system cannot cope with increased effluent - major
works would be needed.
- Drainage down Springfield Lane is inadequate - this development would
create flooding problems during wet periods.
- The neighbouring house was severely flooded during severe weather on more
than one occasion.
Highways impact
- Springfield Lane cannot cope with additional vehicles.
- Where is the passing place proposed and have residents agreed to this?
- Details of road width from various points along Springfield Lane.
- The construction traffic will lead to damage to the lane which is not designed
to deal with heavy vehicles.
- The traffic impact at the end of Springfield lane at the Back Lane junction, very
close to the High Street get very busy with traffic from the central village
supermarket, large car parks and nearby housing developments. It is
dangerous to add further vehicles to this bottleneck.
- The increased traffic will be a danger to children and horse riders.
- There is no scope to alter the road to comply with Highways standards due to
land ownership issues.
- Access for emergency vehicles is limited on this narrow private lane.
- Public transport is woefully inadequate - the bus service from Broadway to
Evesham is to be withdrawn.
- Entrance and exit visibility is severely restricted at junction with Springfield
lane and Back Lane.
Springfield Lane does not meet current Highway Design Guidelines to support
additional multi-unit housing. This is a private road where there is already
significant traffic congestion at the road's adopted highway junction with Back
lane and High Street involving vehicle access to and from the Russell's
development, Budgens, the Lygon Arms, the Swan, and the Surgery. In
addition, on-going concerns have been raised over easy access for other
Traders and residents located on and off Back Lane.
- There are many elderly people who walk and use electric vehicles in this area,
increased traffic would be a danger to other road users.
- The narrow public road in the adopted section has no footpath (pavement).
Any increase in traffic can only increase the danger to pedestrians. To the north
of this junction, the greater part of the Lane is a private (unadopted) road and
public footpath, but with no pavement, so inherently hazardous to pedestrians.
- Paragraph 1.5.11 of Worcestershire C.C. Highways Design Guide states that
development of multiple properties accessed off a private street will be resisted
unless the applicant/developer has a legal right to make up the street to
adoptable standards. They do not; it is not in their ownership.
- The application does not satisfy the Design Guidelines criteria in paras 2.6 &
2.7, for Mews, Lanes, or Streets, which the applicants accept in para 5.1 of
their Transport Statement. The width of the first adopted part of the lane is only
3.2m wide, compared with a Design Guide requirement of 4.8 - 5.5m.
- The development, would be served from a private road. The Private road
whilst not fully conforming to the Worcestershire Highway Design Guide has the
majority of the private section at least 4.1m wide. It therefore accords with
Figure 7.1 of Manual for Streets.
- Springfield Lane is a Public Right of Way. This does not mean cars cannot
use it. Both cars and pedestrian will use this route. However it becomes a
shared space. The DfT have specific guidance on Shared Spaces. Given
walkers, dogs often off the lead, small children and adults, many over the age
of 65 will be present alongside cars. For streets to be shared drivers need to
observe pedestrians day and night and there is no lighting.
- There is an equality impact duty associated with shared spaces. The Highway
Authority has not considered the additional impact of this development on
elderly or disabled residents. No equality impact assessment, participation or
consultation appears to have been done with older residents, disabled, those
using buggies. The Disability Rights Commission (DRC) has published a
Statutory Code of Practice on the Disability Equality Duty and they have also
published specific guidance for those dealing with planning, buildings and the
street environment. Failure to do the above could lead to claims.
Worcestershire taxpayers should not have to bear that financial risk due the
County Council's failure to engage or consult or assess. The duty is
retrospective.
- In 2001 a letter from the Worcestershire County Highways Authority Ref
KH/REB/Misc/WA/2 to Oscar Faber on behalf of Chase Homes who built the
Gordon Russell development stated that "WCC conditionally accept the
developers (Chase Homes) proposals for the road junction subject to there
being no increase traffic flows above the existing levels".
Other points
- Local evidence suggests that Springfield Lane includes a clay pit
- The close proximity of the development to Springfield Cottage and the
exposure to its windows.
- As the freehold owner of Springfield Lane and most of the verges, it should be
noted that the applicants have no legal right to have the road made up to any
particular standard, and certainly not highways standards. No such permissions
will be granted to allow any such work to be undertaken.
- This would not constitute sustainable development and the view of the 68
objectors should be taken into account as NPPF 17 states that 'Local people
should be empowered to shape their surroundings'.
Letter of support
The dwellings are very appropriate for the location. They are to be built using
some modern techniques, that will mean they are carbon neutral, they will have
an extremely good EPC rating and will be finished sympathetically using uncut
Cotswold Stone, with dressed stone lintels, sills and quoins. This finished
appearance is much more in character with the village and with Springfield
Lane than some existing properties in the Lane. Each property seems to have
been allocated a reasonable size plot, that again is in accord with other
properties in the Lane.
7.
OFFICER APPRAISAL
The main considerations in the assessment of this proposal are:- whether the proposal is acceptable in principle having regard to development
plan policies, five year housing land supply position and the provisions of the
NPPF;
- the amount of development proposed and dwelling mix;
- design;
- impact upon public footpath
- ecological issues;
- highways and access issues;
- drainage and flooding issues;
- impact on amenities of neighbouring properties;
- conservation issues;
- archaeological issues;
- affordable housing;
- planning obligations.
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 most
settlements within the district. The application site lies outside, but adjoining
the defined development boundary of Broadway. 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 supported by saved
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
Publications considered to be key material considerations include (among
others):
- The National Planning Policy Framework (the Framework) March 2012;
- The 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 (GVA, February
2012) (SHMA).
- The Strategic Housing Land Availability Assessment (SHLAA); 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 make the Council's five
housing supply position more robust. 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, 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
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 SWDP Proposed Submission Document allocates 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 through plan
allocations in the more sustainable rural settlements i.e. SWDP Categories 1, 2
and 3 as informed by the Village Facilities and Rural Transport Study
December 2012. Other planning criteria such as Green Belt, flooding etc and
the availability of suitable land also informed the number and size of the
proposed rural allocations.
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. On 28
October the Inspector published his Interim Conclusions on the Stage 1
Matters. The key issues raised in the letter were summarised in a report to the
Planning Committee on 7 November. Most significantly, in relation to the
proposed housing requirement, the Inspector has indicated that he is broadly
supportive of the way the SWDP and the evidence base has been put together.
However, he considered that the Strategic Housing Market Assessment (GVA
Grimley 2012) is deficient in a few areas and that the SWDP should provide for
a substantial higher number of dwellings. The revised technical work will be
concluded in January 2014. It then will be examined and only then will the
inspector recommend the appropriate housing requirement for the SWDP.
Until such time as the additional work is carried out, submitted and examined
by the Inspector when Stage 1 is reconvened in the New Year, the overall level
of housing need for South Worcestershire will not be known.
Once the housing requirement is known and further to this, how it will be
distributed among the three SWDP Councils, the housing target set out in the
revoked West Midlands Regional Spatial Strategy Panel Report (2009) remains
the only objectively assessed housing target and the only credible target
against which to assess the supply of housing.
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 Strategic Housing Market Assessment (February 2012). As above,
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 decisions from the Planning Inspectorate point to the likelihood
that the RSS's housing figures are becoming less relevant as they were based
on 2006 Household Projections. The SHMAA evidence was informed by 2008
Household Projections. Officers will continue to assess the more up to date
information published by the CLG Household Projections from 2008 in order to
ensure an up to date understanding of housing needs.
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. To date,
Appeal Inspectors have attributed limited weight to the evidence contained
within the SHMA on the basis that it had not undergone public consultation and
examination. Whilst 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, the recent questioning of some of the
assumptions within the SHMA by the Examination in Public Inspector means
that limited weight can only continue to be applied for the time being.
Strategic Housing Land Availability Assessment (SHLAA)
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 (such as Wychavon) 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 agenda for the October meeting. This reported a land supply
of 5.26 years against the RSS Panel Report Target.
Existing and proposed housing sites will be scrutinized by appellants and the
Planning Inspectorate at planning appeals 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 through an appeal decision 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 important that the council can demonstrate a
deliverable, achievable and realistic housing land position which meets the
requirements of the Framework.
At the Planning Committee meeting in November, 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.
Officers note the comments raised by the Broadway Trust regarding the
principle of development within this location and their opinion of the irrelevance
of the 5 year land supply issue. We would clarify that whilst the saved policies
within the Local Plan do apply to this development, the NPPF considers
relevant policies to be out of date when a council does not have a 5 year land
supply. Although the Council do consider that we have a 5 year supply, there
is need to improve this position further and we would maintain and that every
dwelling which contributes to this supply (assuming it will be delivered in 5
years) should be considered in this context.
Principle of 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 by the
Planning Inspectorate and the Secretary of State through 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, it is not
envisaged that the approval of this planning application would undermine the
development strategy of the SWDP.
The application site lies outside of, but directly adjacent to the Policy GD1
development boundary in the Local Plan. Furthermore, Broadway is identified
as having ' very high' accessibility to services and public transport in Annex 2 of
the Local Plan, and is a Category 1 village in the 'The Village Facilities and
Rural Transport Survey' (update 2012) prepared in support of the emerging
South Worcestershire Development Plan. As such it is considered that the site
is a sustainable location offering accessibility to a range of services and
amenities by means other than the private car. As such the proposed
development accord with the provisions of The Framework relating to the need
to minimise the need to travel and accessibility.
The application is a full application and is therefore considered to be deliverable
in a suitable timescale in order to contribute to the council's five year housing
land supply.
Landscape Impact
This site lies outside of the defined AONB, but is protected by conservation
area status. The site in question represents an open field within an otherwise
developed lane, comprising of a mixture of large detached dwellings of different
ages and designs, all predominantly set within large residential plots. The site is
fairly well contained visually by the existing hedgerows and limited visibility
exists into the application site at present due to the extent of boundary hedging
which can largely be retained. The proposed removal of some of the trees
within the grass verge to create the vehicular driveways is regrettable as these
contribute to the local landscape character. These trees currently benefit from
some protection due to their location within a defined conservation area.
Amended plans have been received since the application was originally
submitted which reduce the site area to exclude an additional strip of land to
the north of the application site due to ownership issues. As a result of this
reduction in the site boundary, the loss of additional trees has been necessary
in order to provide vehicular access points into the site. Some additional tree
planting has been proposed as part of the application and has been detailed on
the amended site layout drawing (ref:1547-04D). The additional landscaping
will also help integrate the site into its surrounding when viewed from vantage
points within the wider landscape and ensure that the proposal would conserve
the character, appearance and special qualities of the landscape in accordance
with Policy ENV2 of the Local Plan. It is considered that a condition securing
the retention of the existing hedge and trees and the inclusion of additional
planting should be secured vis planning condition attached to any approval.
It is considered that the proposed development will not have any significant
impact on the landscape of the area. For these reasons, officers would not
recommend refusal of permission on landscape grounds.
Conservation Issues
Policy ENV12 of the Local Plan seeks to ensure that proposals for development
preserve or enhance the character/appearance of conservation areas. This is
in line with the general duty set out in section 72 of the Town and Country
Planning (Listed Buildings and Conservation Areas) Act 1990 that requires
special attention be paid to the desirability of preserving or enhancing the
character or appearance of conservation areas. The NPPF includes a section
on conserving and enhancing the historic environment and sets out an
approach to be taken if a proposal either causes significant or less than
significant harm to heritage assets.
Springfield Lane is included within the Broadway Conservation Area and an
assessment of the character of this area has been included within the
Broadway Conservation Area Appraisal. This document described Springfield
Lane as being comprised of 'detached houses of fairly regular size and form
line the lane in a series of narrow regular plots, set back from the lane on a
common building line behind front gardens, interspersed with larger houses
more informally placed in larger plots. Trees, wide grass verges and hedges
flank both sides of the lane, and there are glimpses between buildings into
gardens and countryside giving this part of the conservation area a semi-rural
quality despite the regularity of its layout and buildings.'
These proposals entail the erection of 5 dwellings in the northern edge of
Broadway conservation area, towards the north of Springfield Lane, on land
adjacent to Springfield Cottage. This is a part of the conservation area that is
characterised by more modern dwellings. Page 27 of the Broadway
Conservation Area Appraisal (2006) defines Springfield Lane and its surrounds
where ‘buildings are predominantly 20th century…the majority are more recent
and less distinctive in design, mainly from the mid- to late 20th century’.
The application site is well screened by vegetation, and has been identified as
a
significant
open
space
which
contributes
towards
the
character/appearance/significance of the conservation area. Therefore it could
be said that building in this open space would pose a detrimental impact on the
character/appearance/significance of the conservation area.
However, for the reasons highlighted above (re: the predominance of 20th
century dwellings along Springfield Lane), and due to the proposed traditional
vernacular design and proposed
siting (being that most dwellings along this lane are set back), it is the opinion
of officers (including the Conservation Officer) that any detrimental impact
would constitute less than substantial harm.
In reaching this conclusion, regard has been given to the advice contained
within policy ENV12 of the council’s Local Plan (2006), the advice contained in
the NPPF para.’s 128 – 135, and policies SWDP 6 & SWDP24 of the emerging
South Worcestershire Development Plan Proposed Submission Document
(January 2013). It is highlighted that the NPPF requires a balanced judgement
to be made to the scale of any harm or loss and the significance of the heritage
asset. Unlike the Local Plan Policy ENV12, the NPPF and the SWDP policies
SWDP6 and SWDP24 require an assessment of the impact upon the heritage
asset to be carried out, the do not call for the protection or enhancement of the
conservation area as per the guidance contained within Policy ENV12. In this
case, it is not considered that the introduction of the 5 properties being
proposed here would cause substantial harm to the recognised character of the
conservation area on the basis that the site is well screened by vegetation, and
located towards the edge of the conservation area, which is characterised by a
predominance of more recent development. Paragraph 134 of the Framework
states that where a proposal leads to less than substantial harm to the
significance of a designated heritage asset, this harm should be weighed
against the public benefits of the proposal, including securing its optimum
viable use. Officers consider that this development would cause less than
substantial harm to the conservation area and this harm can be outweighed by
the other benefits associated with the development.
Amount of Development Proposed and Dwelling Mix
The proposal seeks permission for 5 units, which represents a density of just
over 12 dwellings per hectare which is considered to be reflective of the low
density experienced elsewhere within Springfield Lane. Whilst the proposed
units are relatively closely spaced, in comparison to those positioned elsewhere
within Springfield Lane, it is considered that the resulting plot sizes would still
be far larger than those positioned within an urban area where densities of upto
30 dwellings per hectare can be reached. The density of development on this
site which reaches just over 12 dwellings per hectare is considered to be
reflective of the transitional rural location within Springfield Lane. The number
of units proposed is therefore considered to be acceptable within this area.
Emerging SWDP Policy SWDP 5 relates to green infrastructure and on a site of
this size would look for 20% of land being provided as green infrastructure.
The site extends to 0.45 hectares and does not include any area of green
space/strategic landscaping. Whilst this does therefore not adhere to the
emerging SWDP Policy on Green Infrastructure, it should be noted that policy
forms part of the emerging SWDP, which has not yet been adopted.
Furthermore, this policy is the subject of a number of objections. Therefore this
policy has only limited weight at this stage. It is therefore considered at this
present stage, no further requirement for open space provision is necessary in
light of relevant development plan policies.
All new residential development is required to contain a mix of sizes, housing
types and tenures to help meet the identified range of local housing needs in
accordance with the NPPF, local plan and emerging SWDP policies. The
SHMA suggests that the growth in one person households, including single
older people, and the rise in couple households indicates a sustained demand
for smaller properties. It also acknowledges that there is a sustained demand
for larger family housing too. Furthermore the evidence from the SHMA and
its update encourages the provision of a greater number of smaller market
homes on sites to help meet the identified need.
The proposed open market units on the site comprise:- 2 no. three bed dwellings; and
- 1 no five bed dwelling.
Policy SWDP14 Housing Mix applies to sites of 5 units or more. It requires
developments to contain a viable mix of sizes; housing types and tenures to
help meet the identified range of local housing needs.
The reasoned justification to the policy recognises that the evidence from the
SHMA indicates the greatest demand will be for 1 and 2 bedroom properties,
many of which will need to be suitable for older people. However, ‘whilst the
number of family households is set to decline overall it is important to recognise
that this is not true of all age groupings and therefore there is likely to be a
sustained demand for traditional housing units (3 and 4 bedroom stock)
recognising that moderate and larger properties represent the aspiration for
many households
of different ages’. Therefore it is suggested that the focus should be on the
provision of 2 and 3 bedroom dwellings but that schemes include a wider range
where appropriate.
The evidence from the SHMA and its update indicates that the council should
encourage the provision of a greater number of smaller market homes on
development sites to help meet the identified need. In light of the ageing
population, the provision of small market bungalows will be particularly
welcomed. In general terms it is considered that the following proportions
should apply to planning applications on sites of 10 homes or more in the towns
or 5 homes or more elsewhere, but the final mix will be subject to negotiation
considering issues such as local need, viability and character of the area.
Developers will be required to set out why they are not complying with the
broad approach given below:



1 and 2 bed dwellings - 35% of the total number of market homes
3 bed dwellings - 35% of the total number of market homes
4 bed plus bedrooms - max of 30% of the total number of market homes.
Based on the housing mix approach set out above, it is considered there is
opportunity to vary the mix proposed to reduce the number of three bed homes
and increase the number of two bed units to ensure the site is viable and
provides housing choice in accordance with emerging Policy SWDP 14.
However, the policy also requires an assessment of local character to be taken
into account. As discussed above, the character of Springfield Lane is
comprised of relatively large properties set within larger plot sizes. The
proposal already includes 2 x 2 bed units which have been provided to secure
the on-site affordable housing contribution in order to satisfy the requirements
of Local Plan Policy COM2. It is considered that the overall mix of units across
the scheme would already represent a development offering somewhat smaller
units than are generally available elsewhere within Springfield Lane. The 2
bed units that are being provided already have been designed as
semi-detached units which appear as one single dwelling, thereby reflecting the
character of the area by maintaining a larger frontage to the lane. It is
considered that by the deletion of a three bed unit in order to provide a smaller
2 bed property would result in a type of development, which as a whole, would
not be in-keeping with the character of the area and in addition, given the low
density of development on this site, would result in a plot which was
disproportionately large for the dwelling that it hosts. In considering this
impact, regard has been given to the fact that the site is located within a
conservation area and the character appraisal that has been undertaken as
part of the adopted Conservation Area Appraisal. It is considered that the
proposed mix of market homes being presented as part of this scheme is
acceptable, given the local context of the site. Whilst the scheme does not fully
comply with the broad approach to dwelling mix as set out within Policy
SWDP14, this policy is yet to be formally adopted and other material
considerations are considered to outweigh the necessity to comply with the mix
as outlined within the policy which would be inappropriate within this area.
While the proposed mix of open market housing, which is predominantly 3
bedroom units is not ideal, the proposed scheme would not be considered
unacceptable for including one additional larger unit. While the proposed mix
could include more variation, the fact that it is made up of mainly three bedroom
dwellings is considered to be acceptable.
Design
In terms of design, the Local Plan Policies SUR1 and SUR2 set out guidance
and criteria to achieve good quality design, alongside the Residential Design
Guide (2010). In the case of this application, it is particularly important to
achieve a high quality design given its location within the conservation area and
ensure that the proposal enhances and complements its surroundings. Officers
would expect the design to deliver individually designed homes reflecting
traditional Cotswold architectural styles.
The Design and Access Statement sets out the design principles which have
informed the layout of the proposed development. The Broadway Village
Design Statement sets out that Broadway is made up of seven distinctive
areas, each with its own architectural style and character. Springfield Lane is
considered to be a quiet residential area with buildings predominantly from the
20th century. The immediate site context is predominantly two storey residential
development which has evolved over time with properties of unique individual
design.
The design of the scheme here takes a traditional form, with each dwelling
being positioned in an individual plot shape and size and with a varied building
line. Unit 4 (offered as affordable housing) has been designed as a
single-storey unit to suit a more elderly occupant if necessary. Variation in roof
heights and separation distances throughout the scheme helps to maintain
visual gaps between the units and continue the varied character of Springfield
Lane.
It is proposed that the dwellings would be completed in Cotswold stone with
plain clay tiles to the roof. Timber, double glazed leaded windows will be
incorporated with dressed stone lintels and sills. These materials are
considered to be traditional and reflective of the local character of the area.
It is considered that the proposed represents high quality that is in line with the
local development context.
Ecological issues
This application site is currently an open grassed paddock. Other than the
roadside hedge and trees lining Springfield Lane, there is no other planting
within the site that would be suitable for wildlife. The council's Natural Heritage
Officer has been consulted on this proposal and her response will be provided
to members through the Committee update process.
Highways and Access
Access to the application site is proposed via Springfield Lane which is also a
public right of way. Springfield Lane is only adopted highway for the first 50m
from its junction with Back Lane. The remaining 400m which leads to the
northern vehicular access into the site is all a privately owned road. It is
understood that the correct ownership certificates have been served to the
landowner prior to the application being submitted. Springfield Lane is narrow,
unlit and is bounded on both sides by grass verges.
Whilst there have been numerous concerns raised from local residents
regarding the suitability of Springfield Lane for further development, there has
been no objection received from Worcestershire County Highways who are
satisfied that the development complies with Manual for Streets. In addition,
concerns have been raised regarding the junction of Springfield lane with Back
Lane and the likelihood of accidents being created as a result of the increased
traffic. Without support from Worcestershire County Highways regarding these
highways matters, it is considered
that insufficient evidence exists to
demonstrate that this development would be unacceptable from a highways
safety or traffic generation point of view.
Officers would highlight that the responsibility to undertake disability
discrimination assessments lies with the Highways Authority as the County's
road provider and is covered by separate legislation. The assessments
highlighted within one of the objections would not be the responsibility of the
District Planning Authority to undertake as part of this planning application
assessment.
Drainage and Flooding
A drainage strategy has been submitted as part of the planning application.
The application site is located within Flood Zone 1 and is at low risk of flooding.
The Council's Drainage Engineer has confirmed that there are no site specific
flooding details for this location, although it is recommended a ground condition
survey is carried out so as to ensure that the drainage details are adequate. A
condition is recommended to require further drainage details to be submitted in
accordance with the letter dated 20 October 2013 from Stansgate Planning.
Impact on Amenities of Neighbouring Properties
There are no residential properties located to the north of this site. On the
opposite side of Springfield Lane, Springfield House will be separated from any
facing windows by a distance of approximately 35m to Unit 1, which is well
above the separation distance that is described within the Residential Design
Guide in order to protect the privacy and amenity of neighbouring occupiers.
Unit 2 has a blank gable wall facing onto Springfield Lane and therefore no
opportunities for direct over-looking are created here. In relation to Sanger
House, separation distances between the front elevation of Unit 5 is in excess
of 50m. There is not considered to be any relationship created with the
dwellings on the opposite side of Springfield Lane that will in any way affect the
amenity of these neighbouring properties.
Springfield Cottage is positioned directly to the south of the application site.
This property has a first floor window within its gable end which faces directly
onto the application site. The use of this room is unknown but the scheme has
been designed so as to respect any outlook from this window. The nearest
property within Plot 5 has been positioned further back on the site so that this
existing window will face onto the front driveway/garden area to this property,
allowing a view between the proposed house and garage within this plot. It is
considered that this arrangement will help to preserve the outlook from this
property, without compromising the privacy of occupiers within Unit 5 itself.
The relationship between the proposed units within the site itself has also been
considered. Officers consider that separation distances and the position of
windows has been carefully thought out so as not to compromise the privacy or
amenity of residents within the site itself. It is considered that there are no
grounds for refusal relating to amenity harm created by this development.
Archaeological Issues
Given the scale of the development, and the anticipated archaeological
potential, the county Archaeologist has suggested that the likely impact on the
historic environment caused by this development may be offset by the
implementation of a conditional programme of archaeological work. Officers
are satisfied that, subject to the imposition of this condition, the scheme would
not have any adverse impact on heritage assets.
Affordable Housing
The development would exceed the threshold for affordable housing as outlined
within Local Plan Policy COM2.
The evidence of need for affordable housing in this location 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 split)
- Home Choice Plus information (23.09.13) - 1460 households with a
preference for living in Broadway of which 345 are in significant need. There
are 42 households with a local connection to the parish or an adjacent parish
with a preference for Broadway. Household types are: 11 x Family, 6 x Couple,
9 x Single, 15 x Pensioner, 1 x Other
This scheme proposes the following property types and tenures as an
affordable housing contribution:- 1 x 2 bed (4P) house (social rent)
- 1 x 2 bed (4P) bungalow (social rent)
The Design & Access Statement indicates that all 5 homes are designed to
achieve Code 4 of the Code for Sustainable Homes. The affordable homes
should also meet the HCA's Design & Quality Standards.
The proposed mix of property types and the social rent tenure of the units will
help to meet some of the housing needs in the local area and therefore
Housing Officers are supportive of the scheme.
The Section 106 Agreement will ensure that priority is given to households with
a local connection to the Parish of Broadway.
The affordable housing units are included within Plots 3 and 4. This equates to
40% of the overall scheme which comprises of 2 no. two bed houses which
exceeds the requirement for on-site affordable housing recommended by both
the current adopted Local Plan Policy COM2 and the emerging Policy
SWDP15. The design of these affordable units is considered to be an
innovative solution to achieving smaller properties on this site without
compromising on the design and layout of the scheme. The affordable
properties have been designed as a semi-detached pair and a small
amendment was received prior to the earlier committee meeting which deleted
one of the canopy porches and relocated the front door in order to present a
large single unit frontage onto the lane to reflect the character of the area.
Materials have been designed to reflect the character of the area.
Officers consider that the proposed mix of property types will help to meet
some of the needs in the local area and therefore have no objections subject to
these homes meeting the required HCA standards and agreement regarding
the tenure of the proposed units. The number, size and tenure of the units can
be secured through a S106 Legal Agreement.
Planning Obligations
In order to comply with the 2010 CIL Regulations (as amended) all requests for
financial contributions and affordable housing must adhere to the requirements
outlined under paragraph 122 (2) of the Regulations in that they are necessary
to make the development acceptable in planning terms, directly related to the
development, and fairly and reasonably related in scale and kind to the
development. Additionally, the proposals must comply with saved Policy GD3
of the Wychavon District Local Plan. Planning obligations will be secured
under Section 106 of the Town and Country Planning Act 1990 (as amended)
and are required in order to mitigate the impact of the development and provide
the necessary infrastructure provision in accordance with the abovementioned
saved policies of the development plan and supplementary planning
guidance/documents as outlined in this report.
It is considered that the following contributions have been identified as being
CIL compliant and in accordance with those policies. The applicants are aware
of the requests outlined below and have agreed in principle to a S106 on this
basis. Consequently, Section 106 contributions should be sought against the
provisions of emerging Policy SWDP 45/4, saved Policy GD3 of the Wychavon
District Local Plan and the Developer Contributions SPGs.
- a financial contribution towards the provision and maintenance of general
off-site public open space and children's play of £4,415.
- off-site built sport facilities contribution of £5,091would be appropriate in this
instance to be used towards relocation and enhancement of Broadway Cricket
- off-site formal sports provision contribution of £8,500 to be used towards
improvements to Broadway Football Club and/or South Wychavon Sports Hub.
- art/culture contribution of £375 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
- cycling contributions sought of: £1,675 (£335 per dwelling) which would
contribute to the development of a cycle route in the Broadway area.
- education : £4,905 per 3-bed unit, £7,358 per 4+ bedroom unit (open market
dwellings only) = £17,168
A contribution may be required towards the Worcestershire Transport Strategy,
confirmation is awaited from the highway authority at the time of writing
Other Issues
Loss of agricultural land
In 1988 the Ministry and Agriculture Fisheries and Food produced a series of
land classification maps covering England and Wales. Land was categorised
as either grade 1 (excellent), grade 2 (very good), grade 3a (good), grade 3b
(moderate), grade 4 (poor) or grade 5 (very poor).
Paragraph 112 of the Framework requires local planning authorities to take into
account the economic and other benefits of the best and most versatile
agricultural land. Where significant development of agricultural land is
demonstrated to be necessary, local planning authorities should seek to use
areas of poorer quality land in preference to that of a higher quality. Best and
most versatile land is classed as grade 1, 2 and 3a.
This parcel of land has not been included within the classification, meaning that
it is not considered to be a valuable piece of agricultural land. Consequently,
the loss of the site from agricultural use is considered to have limited economic
impacts that are clearly and significantly outweighed by the economic benefits
of the scheme.
Conclusion
In order for a recommendation to be made, it is necessary to undertake a
balancing exercise with regards to the provisions of the development plan; the
advice contained within the Framework (especially in terms of housing land
supply) and the presumption in favour of sustainable development. Regard
must also be given to the presence of other material planning considerations as
outlined throughout this report.
It is recognised that the council has significantly improved its 5 year supply of
housing. Even so, given the provisions of the Framework, significant weight
should be attached to the contribution this development will bring to the
provision of not only market housing but also affordable housing. Also
significant weight should be given to the need to promote sustainable
development in accordance with paragraphs 14 and 7 of the Framework.
Where development plan policies are absent, silent or relevant policies out of
date, paragraph 14 of the Framework states that development proposals should
be granted permission unless the adverse impact of doing so would
significantly and demonstrably outweigh the benefits or that specific policies
indicate that the development should be restricted.
There are three dimensions to sustainable development as set out in paragraph
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 and being afforded equal weight.
An economic role - as with any residential development scheme, the
proposed development would make a valuable contribution to the economy
with regards to supporting the growth of the housing market, which in turn
can help support employment. The occupiers of the development will
contribute to the vitality and viability of local shops and businesses. Any
economic disadvantage caused by the loss of agricultural land is minor and
outweighed by the economic benefits. The application therefore delivers on
this role.
A social role - the proposed development would provide a high quality
environment and help meet the housing needs of the present and future
generations with regards to the supply of housing and the provision of
affordable homes. The site will have access to local services and is
considered to be a sustainable location on the edge of Broadway.
An environmental role - the proposal would result in the development of a
greenfield site that lies in a designated conservation area. Even so, the
scheme would not cause any substantial harm to the character and
appearance of the conservation area and is considered to be sympathetic in
design and layout within the surrounding landscape. The proposal is
considered to be acceptable from an environmental perspective.
Overall, the proposed development is considered to achieve an economic,
social and environmental role. The site is located on the edge of the village of
Broadway, which has high accessibility to a range of services and amenities.
All other material planning considerations relevant to the proposed
development have been carefully judged with the overall conclusion that on
balance any harm would not be caused by the proposal would not significantly
and demonstrably outweigh the benefits of the proposal. This conclusion is
subject to:- the applicant entering into a legal agreement securing the planning obligations
referred to in the report;
8.
RECOMMENDATION
Approval subject to the completion of a
legal agreement securing the planning obligations as set out in the above
report.
1.
The development hereby permitted shall be begun before the expiration of 12
months 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 and to ensure the development is brought
forward in a timely manner so as to contribute to the supply of housing land in
the district and to significantly boost the supply of housing.
2.
Samples of the external wall and roof materials shall be subject to the approval,
in writing, of the Local Planning Authority before any work on the site
commences.
Reason - To ensure that the development is visually satisfactory.
3.
1) No development shall take place until a programme of archaeological work,
including a Written Scheme of Investigation, has been submitted to and
approved by the local planning authority in writing. The scheme shall include
an assessment of significance and research questions; and:
a The programme and methodology of site investigation and recording.
b. The programme for post investigation assessment.
c. Provision to be made for analysis of the site investigation and recording.
d. Provision to be made for publication and dissemination of the analysis and
records of the site investigation
e. Provision to be made for archive deposition of the analysis and records of
the site investigation
f. Nomination of a competent person or persons/organisation to undertake the
works set out within the Written Scheme of Investigation.
2) No demolition/development shall take place other than in accordance with
the Written Scheme of Investigation approved under condition (1).
3) The development shall not be occupied until the site investigation and post
investigation assessment has been completed in accordance with the
programme set out in the Written Scheme of Investigation approved under
condition (1) and the provision made for analysis, publication and dissemination
of results and archive deposition has been secured.
Reason - In accordance with the requirements of paragraph 141 of the National
Planning Policy Framework.
4.
No part of the development shall be commenced until full details of soft
landscaping works have been submitted to and approved in writing by the Local
Planning Authority. The details submitted must include:
i) a plan(s) showing details of all existing trees and hedges on the application
site. The plan should include, for each tree/hedge, the accurate position,
canopy spread and species, together with an indication of any proposals for
felling/pruning and any proposed changes in ground level, or other works to be
carried out, within the canopy spread.
ii) a plan(s) showing the layout of proposed tree, hedge and shrub planting and
grass areas.
iii) a schedule of proposed planting - indicating species, sizes at time of
planting and numbers/densities of plants.
iv) a written specification outlining cultivation and other operations associated
with plant and grass establishment.
v) a schedule of maintenance, including watering and the control of competitive
weed growth, for a minimum period of five years from first planting.
All planting and seeding/turfing shall be carried out in accordance with the
approved details in the first planting and seeding/turfing seasons following the
completion or first occupation/use of the development, whichever is the sooner.
Any trees or plants which, within a period of five years from the completion of
the planting, die, are removed or become seriously damaged or diseased shall
be replaced in the next planting season with others of similar size and species,
unless otherwise agreed in writing by the Local Planning Authority.
Reason - To protect and enhance the visual amenities of the area and to
ensure the satisfactory development of the site and to provide ecological
mitigation and enhancement in accordance with policies GD2, ENV1, SUR2,
ENV7 and ENV8 of the Wychavon District Local Plan (June 2006).
5.
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, ENV7 and ENV8 of the Wychavon District Local Plan (June
2006).
6.
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 18.00hrs Monday to Friday and 08.00 and
13.00hrs 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.
7.
No development shall take place until there has been submitted to and
approved in writing by the Local Planning Authority a plan indicating the
positions, design, materials and type of boundary treatment to be erected.
The boundary treatment shall be completed before the dwellings hereby
approved are first occupied or in accordance with a timetable agreed in writing
with the Local Planning Authority. Development shall be carried out in
accordance with the approved details.
Reason - In order to ensure that there is an acceptable form of screening with
adjacent properties and between properties within the development.
8.
The dwellings hereby permitted shall not be occupied until the vehicular
accesses and 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 highway safety.
9.
Prior to the first occupation of the dwellings hereby approved secure parking for
4 cycles to comply with the Council’s standards shall be provided within the
curtilage of each dwelling and these facilities shall thereafter be retained for the
parking of cycles only.
Reason - To comply with the Council’s parking standards.
10. The development hereby permitted shall not begin 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:
a) The parking of vehicles of site operatives and visitors;
b) Loading and unloading of plant and materials;
c) Storage of plant and materials used in constructing the development.
Reason - To prevent indiscriminate parking in the interests of highway safety.
11. No dwelling hereby permitted shall be occupied until the applicant has
submitted to and have approved in writing a welcome pack that promotes
sustainable travel for future residents with the Local Planning Authority.
Reason - To reduce vehicle movements and promote sustainable access.
12. Prior to development commencing, details of a ground condition survey shall be
submitted to the Local Planning Authority along with drainage calculations and
details as specified in the letter from Stansgate Planning dated 20th October
2013.
In addition, details of foul and surface water drainage systems shall be
submitted to and approved in writing by the Local Planning Authority before
development commences. Should ground conditions not be suitable for the use
of soakaways, then an alternative means of attenuation and discharge shall be
provided.
Reason - To ensure the proposed drainage details are appropriate for the site
and will not create or exacerbate flooding issues.
13. The development hereby permitted shall be carried out in accordance with the
following approved plans:
1547-01D - Topographical survey of site as existing
1547-02F - Block Plan existing
1547-03B - Location Plan of site including lane
1547-04D - Proposed Site Layout - amended entrance
1547-05B - Proposed house Unit 1
1547-06 - Proposed house Unit 2
1547-07 Proposed houses Units 3 and 4
1547-08 - Proposed house Unit 5
1547-09B - Street views from North-East/ Springfield Lane
Reason - To define the permission.
Notes:
The applicant must be aware of their obligations towards the public right of way as
follows:
No disturbance of, or change to, the surface of the path or part thereof should be
carried out with written consent (this includes laying concrete, tarmac or similar)
No diminution in the width of the right of way available for use by the public.
Building materials must not be stored on the right of way.
Vehicle movements and parking to be arranged so as not to unreasonably interfere
with the public's use of the right of way.
No additional barriers are placed across the right of way. No stile, gate, fence or
other structure should be created on, or across, a public right of way without written
consent of the Highway Authority.
The safety of the public using the right of way is to be ensure at all times.
The applicants attention is drawn to the existence of an agreement made under
Section 106 of the Town and Country Planning Act 1990 (as amended), and the
restrictions imposed therein.
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 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.