ITEM 8
Application Number
07/2010/0863/OUT
Address
Land Adjacent To Yew Tree Farm
Fowler Lane
Farington Moss
Applicant
Mr Geoff Green
Development
Outline application to provide three new
dwellings following the removal of existing site
building with all other matters reserved.
Officer Recommendation
Approval
REPORT SUMMARY
The proposed development relates to land that is designated as Green Belt in the South
Ribble Local Plan and, as such, is contrary to Policy D5: Development in the Green Belt.
However very special circumstances are considered to exist which outweigh the proposal’s
failure to comply with Policy D5. PPS2: Green Belt recognises that very special
circumstances can exist to justify ‘inappropriate development’ in the Green Belt.
The very special circumstances relate to the removal of non-conforming use thus improving
neighbours amenity; the re-use of previously developed land which detracts from the visual
amenity of the area; the proposed development not considered to have a detrimental impact
on the openness of the Green Belt and also leading to a reduction in the number of heavy
goods vehicles using narrow rural roads. It should also be noted that the Local Planning
Authority has previously allowed the erection of 4 detached dwellings in the Green Belt on
Hall Lane, Longton (07/2008/0024/FUL) as the scheme removed a non-conforming use (a
scrap yard) close to residential properties.
County Highways have fully assessed the proposal and have raised no objections to the
application in principle. The matter of access is not currently being applied for and as a
precautionary measure County Highways have asked for 2.0m x 215m visibility splays in
both directions on Fowler Lane with the site line requirement possibly being reduced
following a traffic study. This can be secured by way of a suitable condition on any given
outline approval.
Exceptional circumstances, together with the considered view that the proposed
development will not be harmful to the openness of the Green Belt, results in a proposed
outline scheme that is on balance considered to be acceptable. The application is therefore
recommended for approved subject to the imposition of conditions.
APPLICATION SITE AND SURROUNDING AREA
The application relates to a 0.26 hectare parcel of land which fronts onto Fowler Lane,
Farington Moss, to the north of the extensive Leyland Business Park site. The site, which is
broadly rectangular and level, is located within an area of land designated as Green Belt in
the South Ribble Local Plan.
The site comprises of a sizeable building, measuring 24m (length) x 9m (width), towards the
rear (western part) of the site, together with a portable office on the eastern side of the site.
Access to the site is directly off Fowler Lane, along the eastern boundary of the site.
Yew Tree Farm is situated immediately to the north of the site, which is not associated with
the operation of this site, but is associated with agricultural operations. A property known as
Corner View (formerly known as Nook Farm) is located to the south of the site; five
residential properties are situated on the opposite side of Fowler Lane, to the east of the site;
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and the site is bounded to the west by an open field and beyond by the West Coast Main
Railway Line.
SITE HISTORY
The site has been in commercial use for many decades. In 1934, a saw mill was established
and in 1969 it became a potato storage and distribution depot. A storage building was
granted planning permission in 1984 and was subsequently erected.
In March 2009 planning permission (07/2009/0012/COU) was granted for the change of use
of the site from Class B2 Industrial to Class B1 Offices together with the construction of
extensions on the two gable ends of the existing industrial building at the site. This
permission has not been implemented.
PROPOSAL
The applicant seeks outline planning permission, with all matters reserved, for the erection of
three dwellings following the demolition of existing buildings on the site.
As the application is outline only the submitted site layout plan and description of new
dwellings on the site is for indicative purposes.
The indicative plan shows three detached properties within the site, a three bed property, a
four bed property and a five bed property. All external materials are proposed to match that
of the existing surrounding buildings.
Supporting information submitted with the application states:
“Fowler Lane [the application site] was purchased with a view to convert to offices for a
successful company based in Leyland. Planning permission was originally granted for the
site to convert its use to a class B1, however during the early stages of construction due to
the economic climate the company unfortunately went into liquidation. Over the last eighteen
months the site has been used for various operations which has create some animosity
between the local residents and council.
It is therefore intended to put the site to a domestic use class C3 that will compliment and
enhance the surrounding areas.”
REPRESENTATIONS
Neighbouring properties were notified and site notices posted with no letters of
representation being received.
CONSULTATION REPLIES
County Highways has recommended the required visibility splays be met as well as
highlighting requirements relating to garage sizes, driveway lengths and a turning head.
United Utilities has raised no objections to the proposal.
County Planning made no observations.
MATERIAL CONSIDERATIONS
Core Strategy Policy Considerations
Under Regulation 27 of the Town and Country Planning (Local Development) (England)
(Amendment) Regulations 2008 the Central Lancashire Core Strategy has been published
prior to being submitted for examination to the Secretary of State. As such the Core Strategy
has reached an advanced stage of preparation and so is a material consideration in the
determination of planning applications.
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Policy 1 of the Core Strategy is entitled ‘Locating Growth’ and encourages the focussing of
growth and investment in the Key Service Centres of Chorley and Leyland and the other
main urban areas in South Ribble.
Policy 5 of the Core Strategy covers Housing Density and states:
“The authorities will secure densities of development which are in keeping with local areas
and which will have no detrimental impact on the amenity, character, appearance,
distinctiveness and environmental quality of an area, consideration will also be given to
making efficient use of land.”
As the proposal is an outline application with all matters reserved, the submitted site layout
plan is only indicative. The development’s accordance with Policy 5 will be further assessed
at the reserved matters stage when details relating to appearance, design and layout have
been submitted.
Paragraph 10.12 of the Core Strategy, contained within Policy 18: Green Infrastructure,
states that there are no changes anticipated to the extent of the Green Belt. Inappropriate
development in the Green Belt will also be resisted unless there are special circumstances
which justify an exception. Considered special circumstances relating to this application are
explored in the following section.
Policy Considerations
The application site and the surrounding area are within an area of land designated as Green
Belt in the South Ribble Local Plan and, as such, Policy D5: Development in the Green Belt
is relevant. The objective of Policy D5 is to strictly control development in the Green Belt to
achieve Green Belt objectives. Policy D5 states “There is a general presumption against
inappropriate development within the Green Belt”. Although built development in the Green
Belt such as that proposed is contrary to Policy D5, very special circumstances are
considered present with this application and site which outweigh the failure to comply with
Policy D5. PPS2: Green Belt recognises that very special circumstances can exist to justify
‘inappropriate development’ in the Green Belt. Such exceptional cases are treated as
departures from the development plan and are to be referred to the Secretary of State under
the Town and Country Planning (Consultation) (England) Directions 2009. The exceptional
circumstances for this application and site are outlined below:
i)
Removal of non-conforming use thus improving neighbours amenity
The commercial activities on the site have evolved over several decades in close
proximity to residential properties. Numerous complainants have been received by the
Local Authority from neighbours relating to noise and disturbance from the activities
undertaken on the site. It should be noted that no neighbours have objected to the
proposed development.
ii)
Re-use of previously developed land which detracts from the visual amenity of
the area
The activities undertaken on the site together with the mismatch of buildings present
detract from the visual amenity of the area. The proposed scheme would re-use a
previously developed site for a purpose suitable in terms of the visual amenity of the
area.
iii)
Impact on the openness of the Green Belt
The application site, although within an area of land designated as Green Belt, is
partially screened by mature planting and is within a cluster of built development.
Given the current use of the site and the buildings present, the site does not make a
significant contribution towards the openness of the Green Belt. For these reasons the
proposed development is not considered to have a detrimental impact on the openness
of the Green Belt.
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iv)
Reduces the number of heavy goods vehicles using narrow rural road
The current use of the site generates heavy goods vehicle traffic on a daily basis which
would not be the case if the site was a residential use as proposed.
It should be noted that the Local Planning Authority has previously allowed the erection of
four detached dwellings in the Green Belt on Hall Lane, Longton (07/2008/0024/FUL) as the
scheme removed a non-conforming use (a scrap yard) close to residential properties.
For the above reasons, even though the proposal would form ‘inappropriate development’
and is contrary to Policy D5; the proposal is not considered to be harmful to the openness of
the Green Belt.
IPP: Housing
The Council’s IPP: Housing is intended to strategically control the release of the housing
sites within the Borough. The release of housing is based on the five years supply, which
South Ribble currently has an over supply. However recent Government guidance indicated
that this figure is a minimum requirement, not a maximum. Subsequently the IPP: Housing
states that the maximum figure will be 20% above the five year supply figure. Consequently,
at this time there are no policy objections to Policy HR1 of the IPP: Housing.
Character and Design
As the application is an outline application with all matters reserved no plans of the
elevations have been provided. The application has however provided an indicative plan
which shows 3 detached properties within the site, a three bed property, a four bed property
and a 5 bed property. It has been stated in supporting information that all external materials
are proposed to match that of the existing surrounding buildings.
Inter-relationship to Neighbours
It is clear from the size of the site on the indicative site layout plan that the three dwellings
can be accommodated whilst meeting the required standard minimum spatial separation
distances.
Highway Issues
County Highways have fully assessed the proposal and have raised no objections to the
application in principle. The matters of access is not currently being applied for and as a
precautionary measure County Highways have asked for 2.0m x 215m visibility splays in
both directions on Fowler Lane with the site line requirement possibly being reduced
following a traffic study. This can be secured by way of a suitable condition on any given
outline approval.
In terms of overall traffic generation, the proposed scheme is not considered to materially
increase traffic as the site is already in a commercial use.
Other Issues
Although the proposed development would result in the loss of employment in a rural area,
this is considered to be outweighed by the benefits of removing a non-confirming use in close
proximity to residential properties, improving a previously developed site which detracts from
the visual appearance of the Green Belt and reducing the number of heavy goods vehicles
using narrow rural roads.
CONCLUSION
Although the proposal is contrary to Policy D5: Development in the Green Belt special
circumstances are considered present with this application and site which outweigh the
failure to comply with Policy D5. These exceptional circumstances, together with the
considered view that the proposed development is not harmful to the openness of the Green
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Belt, result in a proposed scheme that on balance is acceptable. The application is therefore
recommended for approval subject to the imposition of conditions.
RECOMMENDATION:
Approval.
RECOMMENDED CONDITIONS:
1.
Application for approval of reserved matters must be made not longer than the
expiration of three years beginning with the date of this permission and the
development must be commenced not later than the expiration of two years from the
final approval of the reserved matters or, in the case of approval on different dates,
the final approval of the last such matter to be approved.
REASON: Required to be pursuant to section 92 of the Town and Country Planning
Act 1990
2.
That the approval of the details of the layout, scale and appearance of the building(s),
the access thereto and the landscaping of the site (hereinafter called the 'reserved
matters') shall be obtained from the Local Planning Authority in writing before any
development is commenced.
REASON: The application is in outline only
3.
That any development shall be no greater than a two-storey in height.
REASON: To ensure that the proposal has no adverse cumulative effect on the
character of the area or on neighbouring properties in accordance with Policy QD1 of
the South Ribble Local Plan.
4.
That a one week traffic study in both directions at the site’s access onto Fowler Lane,
recording vehicle speeds, types of vehicles and numbers of vehicles, shall be
submitted to the Local Planning Authority as part of any reserved matters application
when the detail of access thereto is applied for.
REASON: To allow the Local Planning Authority to ensure that the adequate visibility
splays are provided and retained so as to accord with Quality of Development Policy
QD1 in the South Ribble Local Plan.
5.
That prior to the commencement of the development hereby approved a scheme for
the disposal of foul and surface water and for the provision and implementation of a
surface water regulation system shall be submitted to and be approved in writing by
the Local Planning Authority. The surface water drainage from any private drive must
not discharge onto the existing adopted highway. This scheme shall be implemented
during construction in accordance with the approved plans.
REASON:
To safeguard local watercourses, avoid pollution of the water
environment, and to reduce the likelihood of overloading and pollution of the existing
highway drainage system, in accordance with Environment Policy ENV22 of the
South Ribble Local Plan.
RELEVANT POLICY
D5
Development in the Green Belt
QD1 Design Criteria for New Development
QD7 Landscaping in New Developments
ENV22 Pollution
IPPHOU
Interim Planning Policy Housing
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