Planning Committee - 24/04/2014
UPDATES
ITEM 16
Major Application
Planning Ref:
W/13/01794/OU
Proposal:
Site:
Ward Councillor
Land, Froglands Lane, Cllr Richard Lasota
Cleeve Prior
Recommendation
Approve - Outline
Outline application for a residential development of 20 dwellings.
Officer: Emma Worley
Parish/Town Council: Cleeve Prior
Applicant: Mr Farmer
Consultation Responses
Landscape & Natural Heritage Officer:
Ecological appraisal now received, main issue in relation to protected species relates
to great crested newts
Two ponds nearest to application site have excellent suitability to support great
crested newts
Improved grassland on site is grazed and no shelter present, pasture does not
provide suitable habitat for the terrestrial phase of great crested newts
Some potential habitat for shelter within the dry stone wall along Froglands Lane and
the hedgerow on the eastern boundary and both the hedge and dry ditch alongside
the dry stone wall are suitable dispersal routes and cannot be entirely dismissed that
GCN disperse across the site
Dry stone wall is to be re-built, which will provide continued shelter for amphibians
and the existing hedge on the eastern boundary is to be retained with further hedge
planting proposed
New access road and driveways will break wildlife corridor on the western boundary,
additional hedge planting has the potential, in the long term, to enhance dispersal
corridors in a different direction (in order to ensure that corridor can be retained and
maintained in perpetuity, it should not be part of individual gardens but should ideally
be managed as part of the overall open space)
Potential impact on GCN during construction, works could disrupt dispersal during
development when site surrounded by an exclusion fence for amphibians, however
this would be temporary and harm to individual animals can be avoided by applying
precautionary measures but there is some risk of disturbance. When assessing
whether license is required or not key issue is whether disturbance is likely to be
significant and whether it is likely to have a significant effect on the ability of a
significant group of animals to survive or breed
No indication that the dry ditch along the front of the application site is an important
link from the pond to good terrestrial habitat, officers therefore believe that it is
reasonably unlikely that the disturbance is likely to be significant and that the
development will lead to an offence under the Conservation of Habitats and Species
Regulations 2010
Recommend presence / absence surveys are carried out on the 2 nearby ponds
prior to the reserved matters application in order to provide more information on
whether or not gcn are in fact breeding in them and an indication of the population
size, will help inform level of caution required and to design appropriate
enhancement measures
Recommend condition to secure necessary precautionary, mitigation and
enhancement measures.
Representations Received
Additional comments
Louise Conneley (by email):
Elizabeth Mitchell (Planning Consultant) on behalf of Cleeve Prior Parish Council
Object to proposal to build on conservation site of great beauty, loss of a valued and
well used community facility within the village
Substantive differences between Malpas appeal and proposal;only small part of site
was within the Conservation Area, application site entirely within CA, harm greater
Modern housing abutted appeal site, in Cleeve Prior the historic village abuts the site
with no modern housing nearby
No Conservation Area character appraisal in appeal case, Cleeve Prior Appraisal
(2008) makes extensive reference to fields and views and connection of the village
buildings to its history
Part of golden thread of sustainable development set out in the NPPF includes
heritage protection, development that goes against this aspect of the environmental
element of the 3 strands of sustainability may not result in sustainable development,
so Para 49 may not be engaged!
Core principles include conservation of heritage assets in a manner appropriate to
their significance, so that they can be enjoyed for their contribution to the quality of
life of this and future generations
Para 65 highlights designated assets for consideration
Lack of 5 year land supply on its own cannot reasonably be considered to outweigh
Heritage protection in this case whether whole site lies within a designated (and
recently enlarged) Conservation Area and where the historic village remains virtually
untouched
In making any planning decision the starting point is the development plan and then
other material considerations which include the NPPF , all issues do not carry the
same weight
Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990
section 72 requires that 'special attention' shall be paid to the desirability of
preserving or enhancing the character or appearance of that area', 'special attention'
gives enhanced weight to matters relating to the Historic Environment in the planning
balancing exercise of competing interests, similar enhanced 'special' weight is given
to Conservation Areas in the 1990 Act
Core principle of the NPPF to promote heritage conservation, also statutory duty
If special attention not paid to conservation heritage interests then a legal challenge
could result as this is not a simple balancing exercise
Amended Recommendation
Approval subject to the applicants entering in to a S106 Legal Agreement to
secure;
- the provision of affordable housing
- secure arrangements to ensure the provision and future management of the
on-site public open space, contributions towards the provision of off-site
children's play space, off site built sports facilities and formal sports pitch
provision, recycling, cycling facilities and a financial contribution to the
Worcestershire Transport Strategy all as set out in the agenda report.
Additional condition:
The application for reserved matters shall include a detailed ecological mitigation
and enhancement scheme, which shall be based on great crested newt presence /
absence surveys of the two ponds to the north of the site and the recommendations
contained within section 6 of the Ecological Survey Report by Windrush Ecology
dated April 2014 and shall also include details of bat roosting and bird nesting
features, lighting information in relation to bat roosting and foraging habitat and to
avoid illumination of the ponds, suitable precautionary measures in respect of
amphibians, mammals and birds as well details of long term management. The
approved ecological mitigation and enhancement scheme shall thereafter be carried
out in full unless otherwise agreed in writing.
Reason - To ensure protected species are not harmed by the development in
accordance with the Conservation of Habitats and Species Regulations 2010 and the
Wildlife and Countryside Act 1981 (as amended) and to make appropriate provision
for protected species and natural habitat within the development in accordance with
paragraphs 109 and 118 of the NPPF.